Barry v. DePuy Synthes
On March 30, 2026, WLF urged the Federal Circuit to grant rehearing en banc in an important patent dispute. WLF’s amicus brief contends that a divided panel decision, by treating challenges to an expert’s factual and methodological foundations as issues of weight rather than admissibility, undermines Rule 702 and the Federal Circuit’s recent EcoFactor en banc ruling. WLF warns that allowing unreliable expert testimony to reach juries will invite junk science into complex patent cases, chill proper gatekeeping by trial judges, and erode confidence in verdicts.