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Mintz
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Intellectual property rights protect your innovations and competitive position in the market. From small startup technology companies to benchmark Fortune 100 firms, IP touches every aspect of business: pioneering innovations, unique branding, seed investment, operations, and more. Keeping current on the ever-changing landscape in the dynamic knowledge economy is a full-time job in itself. Join the Mintz IP team as they provide the insights you need to protect your company’s most valuable assets.

Episodes

  1. SEPs at the ITC – Are SEP Litigants and the Commission Speaking the Same “Love Language?”

    08/08/2023

    SEPs at the ITC – Are SEP Litigants and the Commission Speaking the Same “Love Language?”

    In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, IP Members Daniel Weinger and Jonathan Engler discuss how the US International Trade Commission (ITC) evaluates standard essential patents (SEPs) that are litigated in this forum. They also provide useful context on the perspective of the ITC as it relates to the greater trade infrastructure. Dan and Jonathan discuss these topics and more: - How the US Trade Representative’s veto of the Samsung-Apple 794 decision affects ITC cases today, and what has changed - Whether or not owners (or implementers) of SEPs should be fearful of a case brought against them at the ITC - How ITC complaints can be structured to address SEP issues early on - The future of SEP cases at the ITC: which industries will start utilizing this forum next?

    29 min
  2. Bad Dog? “Bad Spaniels” at SCOTUS

    06/27/2023

    Bad Dog? “Bad Spaniels” at SCOTUS

    In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, IP Members Daniel Weinger and Karen Won discuss the recent Supreme Court decision in Jack Daniels v. VIP Products addressing whether the “Bad Spaniels” dog chew toy violates the Lanham Act for trademark infringement. In this case, SCOTUS held that the Rogers test for parody does not apply when a trademark is used as a source identifier, which occurred here, and sent the case back down for further proceedings to analyze the “likelihood of confusion” test. Dan and Karen discuss this outcome and also cover: - How and when to assess parody - Surveys in trademark cases in light of the Sotomayor concurrence - How the decision affects brands going forward

    25 min
  3. The Vulnerable Icon: Prince, Warhol, and the Supreme Court’s Latest on Copyright Law

    06/06/2023

    The Vulnerable Icon: Prince, Warhol, and the Supreme Court’s Latest on Copyright Law

    In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, Drew DeVoogd and Michael Graif discuss the recent Supreme Court decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, which held that Warhol’s Orange Prince silkscreen portrait did not constitute fair use of a copyrighted photograph of the music legend. Among other topics, Drew and Michael cover: - Commercially used visual art and the fair use defense to copyright infringement - The line between derivative and transformative works of art - The terse concurrence and vigorous dissent issued with the opinion - How this case may affect creators, their counsel, and the lower courts

    32 min
  4. Avoiding Pitfalls: IP “Dos and Don’ts” for High-Tech Start-Ups

    05/11/2023

    Avoiding Pitfalls: IP “Dos and Don’ts” for High-Tech Start-Ups

    In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, Daniel Weinger, Frank Gerratana, and Greg Penoyer discuss how young technology companies can set themselves up for IP success. Whether the organization’s goal is eventual divestment, an IPO, or undetermined, having a solid IP foundation will set a young company on the right track. Addressing these issues now will save time and money down the road. Daniel, Frank, and Greg cover the topics below and more: - Founding documents and relationships between founders - Provisional patent applications and strategy - Trademarks and other names and the importance of early research and protection - Open source considerations

    22 min
  5. Will the Unified Patent Court Change Everything?

    04/21/2022

    Will the Unified Patent Court Change Everything?

    In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, founding host Dan Weinger speaks with Dr. Thomas Gniadek, a seasoned EU patent and trade secrets litigator with Simmons & Simmons in Munich, Germany, about the Unified Patent Court (UPC). Coming soon to the European Union, the UPC and the Unitary Patent promise to create a radical sea change in how patents will function in the European Union. Dan and Thomas dive into some of the changes that are coming, covering these topics and more: • Expected shift in the balance of power in the patent space, with the UPC covering a market of more than 400 million people • Types of matters to be handled at the local and regional divisions versus the central division courts • Limits of the European Court of Justice, which sets up the Court of Appeals as the final arbiter of patent law • How the UPC will decide what language to use for litigation • How the Court of Appeals will synthesize decisions from the local and central divisions to make patent law consistent across the EU over the coming years, including the likely development of sophisticated damages jurisprudence

    30 min
  6. Domestic Industry at the ITC – The Commission Has Set a Positive Trend

    02/18/2022

    Domestic Industry at the ITC – The Commission Has Set a Positive Trend

    While there have been some adverse decisions from individual administrative law judges at the US International Trade Commission in recent years, final decisions coming from the commission since January 2019 have largely affirmed that complainants have satisfied the domestic industry (DI) requirement. Daniel Weinger, founding host of the Mintz EXCLUSIVE RIGHTS: Intellectual Property podcast, talks about this trend with Jonathan Engler, a seasoned ITC litigator, former attorney in the ITC’s General Counsel’s office, and newest Mintz IP litigator. Jonathan conducted a case-by-case analysis of relevant ITC decisions over the past 3+ years — and he discusses the results and shares his insights on the data. Among other things, Daniel and Jonathan will talk about: • Final decisions on DI issues by the commission have been almost entirely positive since 2019 • The history of the DI requirement at the ITC — from mostly stipulated to regularly challenged • Recent decisions, including the decision in the 1206 investigation related to complainant Hyperice, and the lessons we can learn from them • Reasons other than the DI requirement which are likely to trip up complainants at the ITC

    26 min
  • 6 Episodes

About

Intellectual property rights protect your innovations and competitive position in the market. From small startup technology companies to benchmark Fortune 100 firms, IP touches every aspect of business: pioneering innovations, unique branding, seed investment, operations, and more. Keeping current on the ever-changing landscape in the dynamic knowledge economy is a full-time job in itself. Join the Mintz IP team as they provide the insights you need to protect your company’s most valuable assets.

Information

  • Creator
    Mintz
  • Years Active
    2021 - 2023
  • Episodes
    6
  • Rating
    Clean
  • Copyright
    © All rights reserved
  • Show Website
    Exclusive Rights