EcoFactor argues that Google’s call for new apportionment rules would disrupt the established roles of trial courts and juries in patent cases, undermining their authority to evaluate evidence and determine damages. The response also emphasizes that the existing license agreements, though structured as lump-sum payments, were derived from royalty rate calculations, making them pertinent to the case.
“These new rules would obviate the deferential standard of appellate review and require courts to assume both the gatekeeper role of the trial court and the factfinder role of the jury in weighing evidence and evaluating credibility,” EcoFactor’s response states.
Industry Reactions
Google’s petition has garnered support from major tech companies, including Intel and Apple, which filed amicus briefs backing the call for an en banc rehearing. These companies echo Google’s concerns that the current ruling could enable patent holders to secure inflated damages, potentially stifling innovation and market competition.
