Brief for Amicus Curiae Licensing Executives Society
On November 26, LES filed an amicus brief at the Federal Circuit in the closely-watched EcoFactor v. Google en banc case related to the admissibility of expert testimony in calculating damages in patent cases. In keeping with its tradition of developing best practices in IP transactions, protection, strategy and commercialization for both licensors and licensees, LES filed neutral to the parties.
The LES brief urged the Federal Circuit “to articulate a ruling that faithfully adheres to the framework set out in Daubert and its progeny” to “ensure that trial judges have the ability to weed out unreliable expert testimony before it reaches the jury, while at the same time taking care not to usurp the jury’s important role to evaluate and weigh competing damages evidence, or to place an unjustified heightened burden on patentees that does not apply to plaintiffs in other civil actions.” The brief recited the long history of existing case law on apportionment and comparable licenses and then proposed that LES’s standards for IP licensing and patent valuation could provide a workable framework for computing damages.
LES wishes to thank Daniel Stringfield, Matthew Zuziak, and Alec Royka of Nixon Peabody for authoring this brief and appreciates the contributions of the members of the Public Policy Committee on this important filing.
Click Here to Download the Full Brief
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About Licensing Executives Society (USA & Canada), Inc. (LES):
Established in 1965, LES (USA & Canada) is one of the longest running professional societies supporting the development of members engaged in the creation, commercial development, and orderly transfer of intellectual property. LES members include business executives, lawyers, accountants, consultants, and scientists and engineers; who represent innovation-oriented enterprises of all sizes, professional services firms, universities, and government labs. LES is the largest of 43 global member societies of the Licensing Executives Society International, Inc. (LESI). For more information about LES, visit www.lesusacanada.org.
Media Contact:
communications@les.org
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