
Google persuades US appeals court to overturn $20 mln Nest patent verdict
May 22 (Reuters) - Google (GOOGL.O), opens new tab on Wednesday convinced a U.S. appeals court to overturn its $20 million trial loss to energy-management company EcoFactor in a patent lawsuit over Google's Nest smart thermostats.
Following a rare full-court review, the U.S. Court of Appeals for the Federal Circuit said, opens new tab that Google was entitled to a new trial to determine how much it owed EcoFactor in damages. A three-judge Federal Circuit panel had upheld the award in a split decision last year.
Spokespeople for EcoFactor did not immediately respond to a request for comment on the decision. Google spokesperson Jose Castaneda said the company was pleased with the decision and looked forward to presenting its case in district court.
EcoFactor, based in Palo Alto, California, sells smart home energy-efficiency services. It sued Google for patent infringement in Waco, Texas, federal court in 2020, arguing that Nest thermostats use EcoFactor's patented method for automatically reducing energy usage during peak demand.
A jury determined in 2022 that Google infringed one of the patents and awarded EcoFactor just over $20 million in damages. The Federal Circuit upheld the verdict in a 2-1 ruling last June, rejecting Google's argument that the proposed damages rate from EcoFactor's expert was "plucked out of nowhere."
The full Federal Circuit overturned the panel's damages ruling on Wednesday. It said the Texas court "gave no rationale for ruling that the expert testimony was admissible" and that the expert's opinion was "not based upon sufficient facts or data."
Google's argument drew support in court briefs from other tech giants including Apple, Tesla and Intel.
The case is EcoFactor Inc v. Google LLC, U.S. Court of Appeals for the Federal Circuit, No. 23-1101.
For EcoFactor: Reza Mirzaie of Russ August & Kabat
For Google: Robert Van Nest of Keker Van Nest & Peters
Read more:
Google hit with $20 million verdict in Nest thermostat patent trial
Google loses bid to overturn $20 million Nest patent verdict
Google convinces US appeals court to reconsider Nest patent verdict
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Geeky Gadgets
15 minutes ago
- Geeky Gadgets
Get iOS 26 Beta 1: Your Step-by-Step Download Guide
The release of the iOS 26 beta offers users an exclusive opportunity to explore Apple's latest operating system before its official launch. This early access allows you to experience new features and improvements firsthand. However, installing beta software requires careful preparation and an understanding of the potential risks. The video below from Matt Talks Tech provides a detailed walkthrough to help you download and install the iOS 26 beta safely and efficiently. Watch this video on YouTube. Step-by-Step Process for Installing iOS 26 Beta To begin your journey with the iOS 26 beta, follow these steps carefully: Verify Device Compatibility: Ensure your device is eligible for the iO S26 beta. Apple typically restricts beta access to newer models. You can check the compatibility list on Apple's official website to confirm. Ensure your device is eligible for the iO S26 beta. Apple typically restricts beta access to newer models. You can check the compatibility list on Apple's official website to confirm. Join the Beta Program: Navigate to the Apple Beta Software Program website and log in using your Apple ID. Once enrolled, you'll gain access to the beta profile required for installation. Navigate to the Apple Beta Software Program website and log in using your Apple ID. Once enrolled, you'll gain access to the beta profile required for installation. Download the Beta Profile: After enrolling, download the beta profile directly onto your device. This profile is essential for accessing the beta software. After enrolling, download the beta profile directly onto your device. This profile is essential for accessing the beta software. Install the Beta Profile: Open your device's settings, locate the downloaded beta profile, and follow the prompts to install it. Restart your device to complete this step. Open your device's settings, locate the downloaded beta profile, and follow the prompts to install it. Restart your device to complete this step. Update to iOS 26 Beta: After restarting, go to 'Settings > General > Software Update.' The iOS 26 beta should appear as an available update. Download and install it. The process may take some time, depending on your internet speed and device performance. Key Requirements for Installation Before proceeding with the installation, ensure your device meets the necessary requirements to avoid interruptions or issues: Device Compatibility: Only newer Apple devices are typically supported. Older models may not qualify for the beta program. Only newer Apple devices are typically supported. Older models may not qualify for the beta program. Available Storage Space: Check that your device has sufficient free storage to accommodate the beta installation. Check that your device has sufficient free storage to accommodate the beta installation. Reliable Wi-Fi Connection: A stable internet connection is crucial to prevent download interruptions. A stable internet connection is crucial to prevent download interruptions. Battery Life: Ensure your device has at least 50% battery charge or is connected to a power source throughout the update process. Precautions to Take Before Installing Beta Software Beta versions of operating systems are experimental and may contain bugs or incomplete features. To safeguard your data and minimize disruptions, consider these precautions: Back Up Your Device: Use iCloud or iTunes to create a full backup of your device. This ensures you can restore your data if the beta causes any issues. Use iCloud or iTunes to create a full backup of your device. This ensures you can restore your data if the beta causes any issues. Use a Secondary Device: If possible, install the beta on a secondary device. This prevents potential disruptions to your primary device in case of instability or bugs. If possible, install the beta on a secondary device. This prevents potential disruptions to your primary device in case of instability or bugs. Understand the Risks: Be aware that beta software may lead to performance issues, app crashes, or compatibility problems with third-party applications. Common Risks and Challenges While the iOS 26 beta offers a glimpse into Apple's latest advancements, it's essential to be prepared for potential challenges: Performance Issues: Beta versions may cause slower performance, unexpected behavior, or frequent app crashes. Beta versions may cause slower performance, unexpected behavior, or frequent app crashes. Data Loss: There is a risk of losing data during the installation process, which is why creating a backup is critical. There is a risk of losing data during the installation process, which is why creating a backup is critical. App Compatibility: Some third-party apps may not function properly with the beta software, leading to usability issues. Some third-party apps may not function properly with the beta software, leading to usability issues. Reverting to Stable iOS: If the beta proves too unstable, you may need to restore your device to the latest stable version of iOS, which can be time-consuming. Apple encourages beta users to report bugs and provide feedback through the built-in feedback tools. This helps improve the software before its official release. Troubleshooting Installation Issues If you encounter problems during the installation process, try these troubleshooting steps: Verify Internet and Storage: Ensure your device has a stable internet connection and enough free storage space for the update. Ensure your device has a stable internet connection and enough free storage space for the update. Restart Your Device: If the installation fails, restart your device and attempt the update again. If the installation fails, restart your device and attempt the update again. Reinstall the Beta Profile: Remove the beta profile from your device, download it again, and retry the installation process. Remove the beta profile from your device, download it again, and retry the installation process. Restore from Backup: If all else fails, use the backup you created earlier to restore your device to its previous state. By following these steps, you can address common issues and ensure a smoother installation experience. Exploring the iOS 26 Beta Installing the iOS 26 beta provides a unique opportunity to explore Apple's latest features and enhancements ahead of the official release. By adhering to the outlined steps, meeting the necessary requirements, and taking appropriate precautions, you can minimize risks and enjoy a seamless experience. Remember, beta software is inherently experimental, so approach it with caution and be prepared to troubleshoot any challenges that arise. With proper preparation, you can make the most of this early access to Apple's newest operating system. Uncover more insights about iOS 26 beta download in the previous articles we have written. Source & Image Credit: Matt Talks Tech Filed Under: Apple, Apple iPhone, Guides Latest Geeky Gadgets Deals Disclosure: Some of our articles include affiliate links. If you buy something through one of these links, Geeky Gadgets may earn an affiliate commission. Learn about our Disclosure Policy.


The Sun
an hour ago
- The Sun
US Open food and drink prices revealed as golf fans fume at ‘disgrace' of a menu and staggering cost of WATER
GOLF fans fumed at the "disgrace" of a menu at the US Open. The tournament kicks off on Thursday but already the Oakmont concession prices have been revealed online. 3 3 And fans were stunned to see just how much a bite to eat could set them back. A Philly cheesesteak was the heftiest meal on the menu - costing $13.95 (£10.33) - while crisps were $3.49 (£2.58). A single Corona costs $11.95 (£8.85) - despite being able to buy a four-pack for £6 at Sainsbury's. Even a bottle of water is $4.95 (£3.66) - but what really did it for fans was the $1.95 (£1.44) price of a banana. One raged: "$1.98 for a banana??? I'm taking my business elsewhere!" Another fumed: "$1.95 for a banana is outrageous." One said: "$2 for a banana is crazy. Can get a bundle at the store for under $2!!! I am irate." On the course, American Bryson DeChambeau looks to retain his US Open title but Rory McIlroy enters off the back of his Masters win in April. Scottie Scheffler also claimed PGA Championship glory in May and will tee off as the bookies' favourite to go all the way. Elsewhere, fighting tooth and nail to make a name for himself in Pennsylvania will be full-time dentist Matt Vogt. Vogt - who runs his own dentistry practice in Indianapolis - is 1,173rd in the World Amateur Rankings but secured a debut place at a major. Not only does he hope his golf career will take off but also his dentistry business, revealing: "I think they've gotten a ton of enquiries. "I've got such a great team, I've got friends helping me out with all those messages and enquiries and said, 'hey, guys, forward those to Chris, my buddy, and make sure you stay focused on patients because that's what we're there to do in McCordsville, Indiana'. "It's been a lot of fun, some patients reaching out and fellow dentists. I feel like there are so many people behind me this week - Oakmont, Pittsburgh, dentistry - it's been fun. "Honestly, from a business perspective, that's not what it's about. We try to take good care of people, and if it brings us more great patients that we can help, awesome. "It will give us something to talk about maybe in and around the office." 3


Daily Mail
an hour ago
- Daily Mail
California's capital headed for 'mass abandonment'
California 's capital Sacramento could experience 'mass abandonment' in the coming years due to the rising threat of flooding, a new report has found. Sacramento, which sits at the confluence of the Sacramento River and American River, is a high flood risk. In the coming decades conditions could continue to deteriorate, driving home insurance premiums so high that home owners will be forced to move elsewhere, researchers from First Street concluded. Sacramento County is the state's fourth largest metro, home to around 2.4 million residents. But First Street predicts that 28 percent of its population will have left by 2055, a number it considers to meet the threshold for 'mass abandonment.' The report argues that flooding will be the biggest factor in pushing residents out, combined with rising insurance costs , increasingly bad air quality and changing demographics. The National Risk Assessment report also argued that Fresno could lose half its population in the same period. Increasingly hot temperatures as a result of climate heating are melting mountain snow, increasing river flows and heavy rain events. The Sacramento-San Joaquin River Delta lowlands will become less and less able to absorb such deluges and dangerous flooding will become more likely, researchers predict. In December a report from the U.S. Chamber of Commerce named Sacramento as at highly exception flood risk in need of mitigation. 'The Army Corps of Engineers and the [Sacramento River] levees have historically done quite a good job of providing protection,' UCLA climate scientist Daniel Swain told the San Francisco Chronicle . 'That's probably thanks to good luck and probably thanks to good engineering, but that good luck probably won't hold forever.' Swain warned that mass development of low-lying areas around the city have spread the risk of flooding further. Developing the area has made California's Central Valley, but Sacramento in particular, one of the largest populations in the US highly vulnerable to flood risk. First Street found that risk of flooding was the biggest driver of migration in the US compared to other perils such as poor air quality, wildfires and hurricanes. One of the biggest economic risks of living in an area prone to flooding is that most home insurance providers will not cover flooding. Instead the Federal Emergency Management Agency (FEMA) provides a flood insurance program. First Street analysis found that it will cost 137 percent more to insure homes in Sacramento by 2055. Such costs will drive businesses and residents away to more climate-resilient areas. 'Some people will no doubt be displaced by climate events,' Jesse Keenan, director of the Center on Climate Change and Urbanism at Tulane University, told the Chronicle. 'But many more will be displaced, or at least steered by, the hand of the market,' he explained. Other areas of California are also facing an insurance crisis, with major providers such as State Farm hiking prices after threatening to pull out of the state entirely.