Fresh From the Bench: Latest Precedential Patent Case

CASE OF THE WEEK

EcoFactor, Inc. v. Google LLC, Appeal No. 2023-1101 (Fed. Cir. June 3, 2024)

In the Federal Circuit’s only precedential patent opinion this week, the court addressed issues of infringement and admissibility that arose after a jury found that certain “smart thermostats” offered by Google infringed a patent owned by EcoFactor, Inc. (“EcoFactor”). The Federal Circuit affirmed the district court’s rulings.

EcoFactor’s patent relates to the operation of smart thermostats in HVAC systems. The primary recited purpose of the patent is to reduce the strain on the electricity grid during a period of expected high demand, through adjustments to the user’s thermostat settings that reduce the electricity consumed by the HVAC system. Google moved for summary judgment before the district court, arguing that EcoFactor’s patent was invalid because it was directed to an abstract idea. The district court denied the motion.  The district court also denied Google’s Daubert motion to exclude the opinion of EcoFactor’s damages expert, Mr. Kennedy, and rejected Google’s argument that Mr. Kennedy’s opinion was unreliable and therefore prejudicial. Trial was held and the jury returned a verdict in favor of EcoFactor. Google renewed its motion for judgment as a matter of law (JMOL) of non-infringement and moved for a new trial on damages. The district court denied both motions and Google appealed.

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Editors:

Nika Aldrich, IP Litigation Group Leader, Schwabe, Williamson & Wyatt, P.C.

Jason A. Wrubleski, Shareholder

Contributors:

Mario E. Delegato, Associate