Dowd Scheffel Quoted About Recent En Banc Rehearing

In a recent analysis of the Google v. EcoFactor en banc rehearing, Managing Partner Matthew Dowd shared his insights on the possible outcome of the case after the oral argument. The case centers around EcoFactor's patent-damages expert, David Kennedy, and whether his reliance on three third-party licenses to justify his royalty rate is reasonable. Dowd expressed the view that a remand is unnecessary, as he believes the appeals court already has "all relevant trial testimony and licenses" to make its decision. Dowd also observed, however, that the court might offer guidance on how much evidentiary foundation is required for an expert to justify a royalty rate solely based on a recital clause in a patent-license agreement. For a deeper dive into Mr. Dowd's full thoughts, including opposing viewpoints, the complete article, published in IAM, is available here.