Mintz On Air

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…

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

In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, Mintz IP attorneys Drew DeVoogd and Daniel Weinger welcome guest David Duski for the first of a two-part series covering patent trial damages. David is a Director at BDO in its Advisory Practice and leads BDO’s National Intellectual Property Consulting Practice. He serves as an expert witness for damages assessments in patent litigation.

In Part I, the trio discuss:

• Whether we are at the beginning of a trend in large damages verdicts
• The impact of litigation financing on patent litigation
• Damages cases becoming more of a theme in trials
• If implementers factor the cost of litigation into the cost of product development
• Risks of taking cases to trial — for patentees and accused infringers

Exclusive Rights: Intellectual Property - Protecting Music (and Other Creative Works) with Copyrights

In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, Mintz Intellectual Property attorneys Andrew Skale and Daniel Weinger explore copyright protections for music and other creative works. This episode was triggered by Dan’s interest in music copyrights generally and by recent high-profile cases filed by Marvin Gaye’s estate. Dan asks Andrew what musicians, artists, and authors should be aware of when it comes to copyright protection and how to prevent problems from arising in the future.

Andrew provides an overview of these issues and digs into other copyright topics, including:

• The multipart requirements to prove ownership and infringement of a copyright
• Some famous copyright cases involving music, and what we can learn from them
• If the reputations of people like George Harrison, Ed Sheeran, and Robin Thicke are damaged by the filing (or subsequent loss) of lawsuits accusing them of infringement
• The difference between being inspired by a musician or song, and copying the inspiring work
• The necessity of a written agreement to transfer ownership of copyrights on a creative work you commission for your business (logo, photo for website, jingle, etc.)
• Why it matters that one can never “unsee” Smaug the dragon from the film The Hobbit: The Desolation of Smaug

Exclusive Rights: Intellectual Property - Arthrex: PTAB Lives to Fight Another Day with (a Bit) More Oversight

In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, attorneys Drew DeVoogd and Dan Weinger break down the recent Supreme Court decision in United States v. Arthrex, where the Court found that Administrative Patent Judges (APJs) are hired in violation of the Appointments Clause, and crafted a new structure for the PTAB. The Arthrex case has far reaching implications not just in patent law, but across the administrative bodies of the federal government.

Drew and Dan discuss the following in this episode:
• The atypical breakdown of concurrences and dissents
• Choices the Court could have made but did not
• Effects Arthrex may have on government generally and the future of the PTAB

Exclusive Rights: Intellectual Property - Descriptive v. Distinctive: How to Brand Your Business and Products

In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, patent attorney Lily Zhang talks with trademark attorney Karen Won about the age-old choice between adopting descriptive brands or distinctive brands for businesses and products. As Karen tells us, trademark law is more art than science. Why is it that “bagel thins” can eventually become a trademark, but "pretzel crisps” can never be a trademark? Great question! The answer lies in trademark law's five categories into which all brand names can be sorted, each of which comes with different levels of legal protection and enforceability:

• Fanciful: Very broad, strong rights – completely invented
• Arbitrary: Broad, strong rights – an existing word that has no relation to the use
• Suggestive: Usually broad, strong rights – alludes to something about the product you are offering without spelling it out, but the boundary line with a descriptive mark is tricky
• Descriptive: No initial protection – immediately conveys information about your product, business, or both
• Generic: No protection ever

Listen to learn more about what these categories mean for you and best practice tips for naming your next product or business.

Health Law Diagnosed: Women in Health Law: Leadership, Mentorship, and Beyond

In this episode of the Health Law Diagnosed podcast, Mintz’s Susan Berson discusses her career trajectory, the benefits of building a diverse and inclusive workplace, why women may be drawn to health law, and the importance of mentorship and sponsorship.