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EXCLUSIVE RIGHTS: Intellectual Property — 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?

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Daniel Weinger

Jonathan Engler