Article | May 13, 2026
Dr. McLean brings industry‑leading biomechanics and wearable technology expertise to Secretariat, strengthening the firm’s ability to address complex, technology‑driven disputes.
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.