First Wave of Amicus Briefs in EcoFactor v. Google Rehearing En Banc

In September, the Federal Circuit issued the following order for a rehearing en banc in EcoFactor, Inc. v. Google LLC:

IT IS ORDERED THAT:

 

(1) The petition for rehearing en banc is granted.

 

(2) The panel opinion in EcoFactor, Inc. v. Google LLC, No. 2023-1101, 104 F.4th 243 (Fed. Cir. 2024), is vacated, and the appeal is reinstated.

 

(3) The parties are requested to file new briefs, which shall be limited to addressing the district court’s adherence to Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), in its allowance of testimony from EcoFactor’s damages expert assigning a per-unit royalty rate to the three licenses in evidence in this case.

 

(4) Google’s en banc opening brief is due 45 days from the date of this order. EcoFactor’s en banc response is due within 45 days of Google’s en banc opening brief, and Google’s reply brief within 30 days of the response brief. The parties may file a supplemental appendix within 7 days after service of the reply brief. The court requires 30 paper copies of all briefs and appendices provided by the filer within 5 business days from the date of electronic filing of the document. The parties’ briefs must comply with Fed. Cir. R. 32(b)(1).

 

(5) Any briefs of amici curiae may be filed without consent and leave of the court. Any amicus brief supporting Google’s position or supporting neither position must be filed within 14 days after service of Google’s en banc opening brief. Any amicus brief supporting EcoFactor’s position must be filed within 14 days after service of EcoFactor’s response brief. Amicus briefs must comply with Fed. Cir. R.29(b).

 

(6) Oral argument will be held at a time and date to be announced later.

Google filed its brief on November 12, and the filing of the first wave of amicus briefs was completed last week.  Here is a list of the amicus briefs, with links.  I am one of the signatories of the Professors’ Brief; I have not yet read the other briefs very carefully.  We’ll see who files briefs in support of EcoFactor in a few weeks.

BRIEF FOR AMICUS CURIAE AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATION IN SUPPORT OF NEITHER PARTY

 

BRIEF FOR AMICUS CURIAE APPLE INC. IN SUPPORT OF DEFENDANT-APPELLANT GOOGLE LLC

 

BRIEF AMICUS CURIAE OF ASKELADDENL.L.C. IN SUPPORT OF DEFENDANT-APPELLANT AND REVERSAL

 

BRIEF OF ATLANTIC LEGAL FOUNDATION AS AMICUS CURIAE IN SUPPORT OF APPELLANT AND REVERSAL

 

BRIEF OF THE CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA AS AMICUS CURIAE IN SUPPORT OF NEITHER PARTY

 

BRIEF OF CISCO SYSTEMS, INC. AS AMICUS CURIAE IN SUPPORT OF APPELLANT

 

BRIEF FOR AMICI CURIAE INTEL CORPORATION, DELL INC., MOTOROLA MOBILITY LLC, AND WESTERN DIGITAL CORPORATION IN SUPPORT OF APPELLANT GOOGLE LLC

 

BRIEF FOR AMICUS CURIAE INTELLECTUAL PROPERTY OWNERS ASSOCIATION IN SUPPORT OF NEITHER PARTY

 

BRIEF FOR INVENTORS DEFENSE ALLIANCE AS AMICUS CURIAE IN SUPPORT OF NEITHER PARTY

 

BRIEF OF AMICUS CURIAE LAWYERS FOR CIVIL JUSTICE IN SUPPORT OF APPELLANT

 

BRIEF FOR AMICUS CURIAE LICENSING EXECUTIVES SOCIETY (U.S.A. & CANADA), INC. IN SUPPORT OF NEITHER PARTY

 

BRIEF FOR AMICI CURIAE MEDTRONIC PLC AND ADVANCED MEDICAL TECHNOLOGY ASSOCIATION IN SUPPORT OF DEFENDANT-APPELLANT GOOGLE LLC

 

BRIEF OF AMICI CURIAE 14 PATENT AND EVIDENCE LAW PROFESSORS IN SUPPORT OF APPELLANT ON REHEARING EN BANC

 

BRIEF OF AMICI CURIAE SAMSUNG ELECTRONICS CO., LTD. AND SAMSUNG ELECTRONICS AMERICA, INC., IN SUPPORT OFAPPELLANT AND REVERSAL

 

BRIEF OF SAS INSTITUTE INC., SYMMETRY, LLC, SAP AMERICA, INC., GARMIN INTERNATIONAL INC., VIZIO, INC., ACT | THE APP ASSOCIATION, TESLA, INC., SOFTWARE & INFORMATION INDUSTRY ASSOCIATION, AND RED HAT, INC. AS AMICI CURIAE IN SUPPORT OF GOOGLE LLC

 

BRIEF OF AMICUS CURIAE UBER TECHNOLOGIES INC. IN SUPPORT OF NO PARTY

 

UNIFIED PATENTS, LLC’S AMICUS CURIAE BRIEF IN SUPPORT OF GOOGLE AND REVERSAL EN BANC

 

CORRECTED BRIEF OF US*MADE, THE NATIONAL RETAIL FEDERATION, THE COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, AND THE PUBLIC INTEREST PATENT LAW INSTITUTE AS AMICI CURIAE IN SUPPORT OF GOOGLE AND REVERSAL

 

For previous discussion on this blog, see here, here, here, and here.  For discussion of some of the amicus briefs, see this morning's story on Law360 (behind a paywall).