Practice Tips: En Banc Ruling Sets Higher Threshold for Expert Testimony
An en banc decision by the Federal Circuit has reinforced the conclusion among some patent practitioners that the court implemented a higher standard of scrutiny for expert opinions, raising concerns…
Adjusting the Standard for Patent Subject Matter Eligibility
The Federal Circuit Court of Appeal issued a decision last year Contour IP Holding LLC v. GoPro, Inc., 113 F.4th 1373 (Fed. Cir. 2024) (“GoPro”), which addressed subject matter eligibility…
Expert Testimony in Patent Cases Now Harder to Admit
A recent en banc decision by the Federal Circuit in EcoFactor, Inc. v. Google LLC (2025) — left standing by the U.S. Supreme Court’s denial of review — has sparked…