Google Pushes En Banc Panel to Ax $20 Million Patent Verdict (1)

Google LLC urged ten Federal Circuit judges to wipe out a $20 million Texas patent verdict over smart thermostats, arguing the jury shouldn’t have heard an expert witness’ description of settlements the plaintiff reached with three companies.

EcoFactor Inc.'s expert, David Kennedy, told Waco jurors, “all three licensees paid this rate, and so Google should have to pay the same rate,” said Google’s attorney, Ginger Anders of Munger, Tolles & Olson during a rare en banc argument at the US Court of Appeals for the Federal Circuit Thursday. A split three-judge panel last June affirmed EcoFactor’s jury win, but ...