GOOGLE LLC v. ECOFACTOR, INC.

2022-1750, 2022-1767.

92 F.4th 1049 (2024)

GOOGLE LLC, Ecobee, Inc., Appellants, v. ECOFACTOR, INC., Appellee.

United States Court of Appeals, Federal Circuit.

Decided: February 7, 2024.


Attorney(s) appearing for the Case

Matthew A. Smith , Smith Baluch LLP, Washington, DC, argued for all appellants. Appellant Google LLC also represented by Elizabeth Laughton .

Timothy J. Carroll , Venable LLP, Chicago, IL, for appellant ecobee, Inc. Also represented by Justin J. Oliver , Washington, DC; Laura A. Wytsma , Los Angeles, CA.

Jonathan Link , Russ August & Kabat, Washington, DC, argued for appellee. Also represented by Reza Mirzaie , Los Angeles, CA.

Before Reyna, Taranto, and Stark, Circuit Judges.


Appellants Google LLC and ecobee, Inc. (collectively, "Google") appeal from a Final Written Decision of the United States Patent and Trademark Office's Patent Trial and Appeal Board, which found the challenged claims of U.S. Patent No. 8,498,753 not unpatentable. Google challenges the Board's determination on the basis that...

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