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Damages Experts Face a Harder Gate — EcoFactor, Inc. v. Google LLC -

Decision: EcoFactor, Inc. v. Google LLC, 137 F.4th 1333 (Fed. Cir. 2025) (en banc) — U.S. Court of Appeals for the Federal Circuit, decided May 21, 2025. The holding. In a rare en banc decision — the court’s first in a utility-patent case since 2018 — the Federal Circuit vacated a jury’s award of more […]

You Still Need Permission to Trademark Someone Else’s Name — Vidal v. Elster -

Decision: Vidal v. Elster, 602 U.S. 286 (2024) — U.S. Supreme Court, decided June 13, 2024 (unanimous in result). The holding. The Lanham Act’s “names clause” — which bars registration of a trademark that identifies a living person without that person’s written consent — does not violate the First Amendment. Steve Elster sought to register […]

Design Patents Just Got Easier to Challenge — LKQ Corp. v. GM Global Technology Operations LLC -

Decision: LKQ Corp. v. GM Global Technology Operations LLC, 102 F.4th 1280 (Fed. Cir. 2024) (en banc) — U.S. Court of Appeals for the Federal Circuit, decided May 21, 2024. The holding. Sitting en banc for the first time in a patent case since 2018, the Federal Circuit threw out the Rosen-Durling test that had […]

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firm news

Losing a § 101 Fight Is Not “Exceptional”: Federal Circuit Reverses $9.15 Million Fee Award in ChromaDex v. Elysium Health -

On October 30, 2026, the Federal Circuit reversed a $9,151,133 attorneys’ fee award under 35 U.S.C. § 285, holding that the district court abused its discretion when it treated the Supreme Court’s Myriad decision as having foreclosed the patentee’s eligibility position from the start. ChromaDex, Inc. v. Elysium Health, Inc., No. 2025-1227 (Fed. Cir. Oct. […]

Court Dismisses DentalEZ Claims Against Professional Sales Associates -

The U.S. District Court for the Western District of Washington has dismissed Professional Sales Associates, Inc. (“PSA”) from DentalEZ, Inc. v. Firstar Dental Company, No. C25-1368JLR. In an order dated October 20, 2026, Judge James L. Robart granted PSA’s motion to dismiss and dismissed DentalEZ’s two Lanham Act claims against PSA — false advertising and […]

Lawrence Graham Appointed Technical Advisor in Eastern District of Texas Patent Case -

U.S. District Judge Robert W. Schroeder, III has appointed Lowe Graham Jones attorney Lawrence Graham as Technical Advisor in VALUE8 Co., Ltd. v. Ford Motor Company, No. 2:25-cv-01117-RWS, in the U.S. District Court for the Eastern District of Texas. The case, filed in November 2025, is a patent infringement action concerning Ford vehicle infotainment systems. […]

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