Denial of Summary Judgment Is Not Appealable After Trial on the Merits, Reminds Federal Circuit

June 10, 2024

The Federal Circuit has upheld the $20M verdict in favor of EcoFactor, Inc. in its smart thermostat campaign, turning away several challenges from trial court defendant Alphabet (Google). Western District of Texas Judge Alan D. Albright had denied a motion for summary judgment challenging an asserted patent under Alice, opting to send related questions to the jury, which found in EcoFactor’s favor. Google appealed Judge Albright’s denial of summary judgment, which turned out to be the wrong path, the court commenting in its recent opinion that “[d]enial of summary judgment decides only one thing—that the case should go to trial”.

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