The full Federal Circuit has granted a rare en banc rehearing to review a panel's decision that Google must pay EcoFactor $20 million for infringing a smart thermostat patent related to Google's Nest. This decision comes after Google argued that the court allowed patent owners to 'manufacture a royalty rate.' The US appeals court has vacated the panel opinion from June 3, 2024, and requested new briefs from the parties and amici to address whether the District Court adhered to Federal Rules of Evidence 702 and the Daubert standard in admitting EcoFactor's damages expert's testimony.
