Google Gets Second Shot in Challenge to Smart Thermostat Patent

The Federal Circuit revived Google LLC’s challenge of a smart thermostat patent belonging to EcoFactor Inc., a longtime litigation opponent.

Google and Ecobee Inc. sought an administrative review of the validity of the EcoFactor patent after it filed infringement lawsuits against the two companies. US Patent No. 8,498,753 relates to a programmable thermostat that balances comfort with energy savings.

The Patent Trial and Appeal Board upheld the patent in March 2022, over Google’s arguments it was obvious in light of previously published inventions. But Judge Jimmie V. Reyna reversed that decision in a precedential ruling issued Wednesday.

Reyna said the ...