Tag: daubert
-
Barry v. DePuy Synthes: Federal Circuit Limits Daubert Exclusion of Patent Experts
On January 20, 2026, the Federal Circuit issued a significant decision clarifying the boundary between judicial gatekeeping under Daubert and the jury’s role as factfinder in patent infringement trials. In Barry v. DePuy Synthes Companies, the court reversed the exclusion of two key experts and vacated a judgment as a matter of law entered after…
-
EcoFactor v. Google: En Banc Federal Circuit Tightens Daubert Review of Patent Damages Experts
In a closely watched en banc decision issued on May 21, 2025, the Federal Circuit reversed the district court’s denial of a new trial on damages in EcoFactor, Inc. v. Google LLC, No. 2023-1101. The court held that the trial court abused its discretion by admitting expert damages testimony that was not based on sufficient…