Lauren Hong
Subscribe to Lauren Hong's PostsLauren Hong focuses her practice on intellectual property litigation matters. Read Lauren Hong's full bio.
Heirs’ lights flicker out: Sixth Circuit affirms MillerKnoll’s Bubble Lamp rights
By Lauren Hong on Jul 23, 2026
Posted In Trademarks
The US Court of Appeals for the Sixth Circuit affirmed summary judgment for the manufacturer of an iconic lamp design, finding that the designer’s heirs could not pursue trademark infringement and related tort claims based on the contractual transference of ownership and use of the intellectual property associated with the lamp. The Court concluded that...
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Up in smoke: Eighth Circuit sends Lanham Act dispute to state court
By Lauren Hong on Jun 25, 2026
Posted In Trademarks
The US Court of Appeals for the Eighth Circuit affirmed dismissal of a trademark dispute on forum non conveniens grounds, finding that the Lanham Act claims concerning ownership and scope of trademark rights arose out of a stock purchase agreement and therefore belonged in the state court designated by the parties’ forum selection clause. Vaughn...
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Unauthorized streaming of foreign TV programming dishes up copyright infringement liability
By Lauren Hong on Apr 23, 2026
Posted In Copyrights
The US Court of Appeals for the Eleventh Circuit affirmed a judgment for an exclusive licensee arising from unauthorized streaming of Arabic language television programming into the United States. The Court’s ruling reinforces both the strength of registered foreign works and the limits on an accused infringer’s ability to challenge ownership and transfer agreements. Dish...
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Pay up, per party litigation stipulation
By Lauren Hong on Apr 23, 2026
Posted In Patents
The US Court of Appeals for the Federal Circuit revived key portions of a long-running patent dispute, rejecting the district court’s extraterritoriality ruling and narrowing its prosecution disclaimer analysis while leaving intact the exclusion of certain damages theories for inadequate disclosure. VLSI Technology LLC v. Intel Corporation, Case No. 24-1772 (Fed. Cir. Apr. 15, 2026)...
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Ticket to ride: USPTO requires counsel for foreign patent applicants
By Lauren Hong on Apr 2, 2026
Posted In Patents
The United States Patent and Trademark Office (USPTO) adopted a final rule requiring foreign-domiciled patent applicants and patent owners to be represented by a registered US patent practitioner, signaling a meaningful procedural shift aimed at harmonization, efficiency, compliance, and fraud prevention. 91 Fed. Reg. 13510 (Mar. 20, 2026). The USPTO explained that the rule is...
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USPTO signals new emphasis on US manufacturing in IPR and PGR institution decisions
By Lauren Hong on Mar 19, 2026
Posted In Patents
The United States Patent and Trademark Office (USPTO) issued a Memorandum on March 11, 2026, signaling that the Patent Trial & Appeal Board may place increased weight on domestic manufacturing activity and the interests of small businesses when deciding whether to institute inter partes review (IPR) or post grant review (PGR). The America Invents Act...
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Top Gun and all that jazz: “Substantial similarity” in the Ninth Circuit
By Lauren Hong on Jan 15, 2026
Posted In Copyrights
Two January 2026 decisions from the US Court of Appeals for the Ninth Circuit confirm that copyright infringement requires substantial similarity in protectable expression, proven through both extrinsic and intrinsic tests. Yonay v. Paramount Pictures Corp. demonstrates strict application of filtration principles and the constraints of selection-and-arrangement theories at summary judgment. Sedlik v. Von Drachenberg,...
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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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