EcoFactor, Inc. v. Google LLC, No. 23-1101 (Fed. Cir. June 3, 2024)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

EcoFactor sued Google in the Western District of Texas alleging patent infringement of U.S. Patent No. 8,738,327. After discovery and resolution of various motions, the case was heard by a jury. The jury found that Google infringed the asserted claim 5 of the ’327 patent and awarded dam- ages to EcoFactor. Google appeals three of the district court’s orders: the denial of Google’s motion for summary judgment that claim 5 of the ’327 patent was invalid under 35 U.S.C.