Google's Reply Brief in EcoFactor Is In

I was planning to blog about the HMD Global Oy v. VoiceAge EMS decision today, but I understand that the decision has been pushed back once again, this time to March 20 (four weeks from today).  So we will wait and see what the Munich Higher Regional Court’s response to the EC’s Amicus Brief looks like then.  Meanwhile, Google has filed its reply brief for the en banc rehearing in EcoFactor, Inc. v. Google LLC, which is scheduled for March 13 (three weeks from today).  The reply brief focuses heavily on the question of whether EcoFactor’s expert’s methodology was sufficiently reliable to satisfy Federal Rule of Evidence 702, arguing inter alia that EcoFactor conflates relevance with reliability, and that reliability is a question reserved for the judge in the exercise of the judge’s gatekeeping function.  Almost makes me feel like I’m back teaching evidence law, something I last did in 2001.  It also drives home how much time and effort we are compelled to devote to patent infringement litigation in the United States, compared to every other country on the planet, because of the constitutional right to trial by jury.