Federal Circuit Extends EcoFactor Framework to Patent Damages Apportionment in Jiaxing Decision

by Dennis Crouch

The Federal Circuit’s decision in Jiaxing Super Lighting Electric Appliance Co. v. CH Lighting Technology Co., decided July 28, 2025, represents the first significant application of the court’s recent en banc EcoFactor decision to patent damages expert testimony.  The appellate panel vacated the $14 million damages award and remanded for a new trial once the district court applies EcoFactor‘s heightened reliability standards to evaluate the damages expert’s testimony regarding apportionment of portfolio license agreements.

Separately, the court also reversed a JMOL of no-invalidity regarding two other patents — finding that the district court abused its discretion by excluding key evidence that would have supported the invalidity defense.  In the post, I take these issues in reverse order – first the JMOL then Damages.