Lauren Hong
Subscribe to Lauren Hong's PostsLauren Hong is a law clerk within McDermott Will & Schulte's Intellectual Property Group.
Game plan backfires: Mark cancelled
By Lauren Hong on Dec 18, 2025
Posted In Trademarks
The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s cancellation of a registration and dismissal of registrant’s opposition, finding that the cancellation petitioner had priority through a valid assignment of common law rights. Game Plan, Inc. v. Uninterrupted IP, LLC, Case No. 24-1407 (Fed. Cir. Dec. 10, 2025)...
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From ‘best’ to bust: Multiple methods to determine “optimal/best” render claims indefinite
By Lauren Hong on Dec 4, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court’s judgment of invalidity and grant of summary judgment of noninfringement, concluding that even if excluded portions of expert testimony were considered, the judgments would remain proper. Akamai Technologies, Inc. v. MediaPointe, Inc., AMHC, Inc., Case No. 24-1571 (Fed. Cir. Nov. 25, 2025)...
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Pick a lane: USPTO Director nixes IPR for inconsistent claim construction positions
By Lauren Hong on Nov 20, 2025
Posted In Patents
The Director of the United States Patent and Trademark Office (USPTO) vacated a Patent Trial & Appeal Board decision instituting an inter partes review (IPR) proceeding after finding that the petitioner advanced inconsistent claim construction positions before the Board and in parallel district court litigation without adequate justification. Tesla, Inc. v. Intellectual Ventures II LLC,...
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Reframing the claim: Plain and ordinary meaning falls to lexicography
By Lauren Hong on Nov 6, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court’s construction of a claim, finding that the plain and ordinary meaning of a disputed term was redefined by the patentee under principles of lexicography and use of intrinsic claim construction evidence. Aortic Innovations LLC v. Edwards Lifesciences Corp., et al., Case No....
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