Mintz On Air

Health Law Diagnosed: Transactions Part 2: Health Regulatory Diligence and How to Prepare for a Sell-Side Transaction

Health regulatory diligence has the ability to make or break a deal. Listen to hear about our team’s firsthand experience in the importance of conducting health regulatory diligence and best practices in preparing for a sell-side transaction.

Health Law Diagnosed: Transactions Part 1: Regulatory Trends in Recent Health Care Transactions

2021 was a busy year for Mintz’s Health Law team, as they helped clients navigate complex health care transactions. Listen to hear the macro trends our team is seeing in the market, as well as their takeaways from the deals they closed.

Exclusive Rights: Intellectual Property - 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

Health Law Diagnosed: Mintz’s 2022 Health Law New Year’s Resolutions

The Mintz Health Law team celebrates 2022 by sharing their health law–focused resolutions. Listen to how the team is resolving to apply the lessons learned from the pandemic, their industry insight, and their knowledge of state and federal government priorities and actions to help clients and colleagues thrive in 2022 and beyond.

Exclusive Rights: Intellectual Property - Don’t Get Caught Double Patenting!

In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, Mintz patent attorneys Lily Zhang and Alex Trimble, PhD, discuss double patenting, a complicated and sometimes confounding area of patent law. They break it down in layman’s terms even a non-patent attorney can understand. They highlight the risks of, and ways to avoid being hit by, double patenting rejections – and how to overcome them if they arise.

Among other topics, Lily and Alex discuss:

• The two kinds of double patenting – same invention and obviousness-type double patenting (ODP)
• Common scenarios in which ODP arises
• Using terminal disclaimers for overcoming ODP rejections
• The legal ramifications of using terminal disclaimers
• When terminal disclaimers are the right option

Exclusive Rights: Intellectual Property - Can Our Creations Also Create? The DABUS AI System as a Named Inventor

DABUS Architect Dr. Stephen Thaler and Professor Ryan Abbott Discuss Artificial Intelligence Systems as Patent Inventors

Dr. Stephen Thaler, the architect of the artificial intelligence system known as DABUS, the first AI system to be named as an inventor on a patent, joins Professor Ryan Abbott of the Artificial Inventor Project, and Mintz IP attorney Drew DeVoogd for this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast. Patent applications with DABUS as a named inventor have been filed in 17 jurisdictions. Thus far, South Africa and Australia have issued patents naming DABUS as the inventor, and appeals are pending in the United Kingdom and the United States following rejections.

Dr. Thaler and Professor Abbott join Drew to discuss, among other things:
• The impetus for the Artificial Inventor Project
• Their reasons for founding the Artificial Inventor Project
• The intersection of economics and public policy in recognizing AI systems as inventors
• Criticisms of treating AI systems as patent inventors
• The development of consciousness in AI systems
• Did DABUS cry when Bambi’s mother was shot?
• The challenges associated with the law attempting to keep pace with technology

Exclusive Rights: Intellectual Property - Blockchain, Cryptocurrency, and IP: What Does the Future Hold?

In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, Mintz Intellectual Property attorneys Frank Gerratana and Daniel Weinger explore cryptocurrency, blockchain, and how IP factors into the future of these emerging technologies. The crypto/blockchain space is confusing to many people, so Dan and Frank try to simplify what blockchain actually means and how it works. Dan and Frank also discuss potential applications for blockchain technology and what technologists working in this groundbreaking space need to consider when deciding how to protect their innovations.

This podcast covers the following topics:

• The basic premise of blockchain and how it compares to other technologies
• How protecting your innovations in disruptive technologies is critical because such technologies are unpredictable
• How the Supreme Court’s decision in Alice Corp. v. CLS Bank International applies to the crypto/fintech industries
• Possible future applications of blockchain, and how it could affect IP protection going forward

Exclusive Rights: Intellectual Property - Patent Damages Deep Dive with Mintz and BDO – Part II of II

In Part II of this damages-focused series of the EXCLUSIVE RIGHTS: Intellectual Property podcast, Mintz IP attorneys Drew DeVoogd and Daniel Weinger join guest David Duski of BDO for a more detailed discussion of apportionment of damages in patent litigation. Drew and Dan are experienced patent litigators, and David is head of BDO's National Intellectual Property Consulting Practice.

In Part II, the trio discuss:
• Apportionment methodologies
- Smallest saleable patent practicing unit
- Entire market value rule
- Hypothetical negotiations taking advantage of the “book of wisdom”
- Hedonic regression analysis
• Insights into the VLSI Tech. LLC v. Intel Corp. ~$2.2 billion award
• The Federal Circuit’s recent positions on damages
• Tom Brady’s position in the draft…