The Federal Circuit is hearing EcoFactor v. Google, a significant utility patent case addressing the district court's responsibility to limit jury exposure to unreliable expert testimony, per Federal Rule of Evidence 702. The court aims to clarify its adherence to the standards set by the Daubert case and evaluate the admissibility of specific expert evidence regarding the damages expert's per-unit royalty rate. Oral arguments feature counsel for both parties, with notable participation from multiple judges of the Court of Appeals.
The en banc case focuses on the district court's gatekeeping role in restricting jury access to expert testimony deemed less reliable, a crucial aspect under Federal Rule of Evidence 702.
In this case, the grant of rehearing puts into question how courts apply the Daubert standard when determining the admissibility of expert evidence.
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