July 17, 2025
This article originally appeared on Law360 on July 1, 2025.
In an article for Law360, Director Adam Rhoten explores the implications and significance of the recent en banc U.S. Court of Appeals for the Federal Circuit decision in EcoFactor Inc. v. Google LLC, a significant ruling that marks a shift toward stricter judicial scrutiny of expert testimony in patent cases.
The May 21 EcoFactor Inc. v. Google LLC decision overturned a $20 million jury award, with the court determining that the plaintiff’s expert opinion on damages lacked sufficient factual support and should not have been admitted. This case serves as a cautionary tale for testifying economic experts and a catalyst for recalibrating how experts approach licensing analysis, apportionment and the presentation of per-unit royalty opinions.
In this article, Mr. Rhoten discusses methodological pitfalls, recent Rule 702 clarifications and practical strategies for expert witnesses – including guidance for adapting expert practices in light of evolving judicial expectations and implications for standard essential patent licensing.
This article focuses on the two main dispute mechanisms under the Premier League’s Rules: disciplinary proceedings under Rule W and arbitration under Rule X. The article also looks at the role of experts in both sets of proceedings.
Secretariat is thrilled to announce that 20 of our experts have been recognized as premier Construction professionals in the Lexology Index 2025 Thought Leaders – Construction report, including a leading number of Global Elite Thought Leaders (12).
Secretariat Experts Receive Recognition in Lexology Index Thought Leaders – USA 2026
Secretariat is proud to share that 11 of our experts have been named as USA Thought Leaders in Lexology Index’s 2026 listing.