Kenneth Weatherwax Quoted in Press Coverage of En Banc Decision in EcoFactor

Co-managing partner Kenneth Weatherwax of Lowenstein & Weatherwax LLP was quoted in IAM’s May 23, 2025 coverage of the decision of the Court of Appeals for the Federal Circuit, sitting en banc, in EcoFactor v. Google. The article by Nisha Sheety addresses the EcoFactor majority’s decision restricting patent infringement damages testimony, and whether there is a likelihood of further review.  Mr. Weatherwax’s is quoted as observing that the issue in the case of gatekeeping of evidence by courts in jury trials “has long been among the most controversial aspects of the Federal Rules” of Civil Procedure, and that the Supreme Court might consider the case an attractive vehicle to review the Rules’ interpretation.   The article is available to IAM subscribers.