EXCLUSIVE RIGHTS: Intellectual Property — SEPs at the ITC – Are SEP Litigants and the Commission Speaking the Same “Love Language?”

By Daniel B. Weinger, Jonathan J. Engler

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?

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Daniel B. Weinger

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Daniel B. Weinger is a Mintz intellectual property attorney. Daniel's practice focuses on patent litigation at the International Trade Commission, the Federal Courts, and the PTAB. He handles all phases of patent litigation and counsels clients on IP strategy.

Jonathan Engler