Barry v. DePuy Synthes

On June 17, 2026, the Federal Circuit denied rehearing en banc in an important patent dispute. The decision was a disappointment for WLF, whose amicus brief contended that the panel majority’s framing 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 warned 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.