Season 5, Episode 15. Worth Fighting For: IP, Lawsuits, and the Art of Valuation

What’s your intellectual property truly worth when it’s on the line? Not what you hope or what you feel, but what courts, investors, and negotiators will actually pay. This episode of Intangiblia dives deep into the high-stakes world of IP valuation, where patents, trademarks, and copyrights transform from abstract legal protections into concrete dollar amounts.

We journey through landmark global IP disputes that have defined how creative assets are valued in courtrooms from California to Colombia. The Samsung v. Apple design patent battle set precedent for how much of a product’s profit can be attributed to its appearance. Epic Systems v. Tata Consultancy Services revealed the billion-dollar worth of trade secrets when they cross into competitors’ hands. Meanwhile, cases like Liffers in Spain demonstrate that even moral rights, the right to be credited for your work, carry financial value that courts will recognize and enforce.

The podcast unpacks three essential valuation methodologies that every creator should understand: cost-based (what it took to create), market-based (what others pay for similar assets), and income-based (what future earnings it will generate). Through fascinating case studies across industries, from pharmaceuticals to streaming services, sneakers to smartphones, we see how these approaches play out in real disputes with massive financial implications.

Beyond methodology, we explore how valuation strategies differ across borders, with emerging economies like India pushing back against one-size-fits-all licensing rates, and Mexico’s courts mandating that IP damages reflect genuine commercial impact. The digital transformation adds another layer of complexity, as shown in Disney v. Redbox, where even access codes carried enforceable intellectual property value.

Whether you’re protecting your creative work, licensing your technology, or facing infringement, this episode delivers a crucial message: in intellectual property, real power lies not just in registration but in pricing. Because in the world of IP, value isn’t what you feel, it’s what you can prove.

Helen Epega: Opera, Synesthesia, and the Invention of Access – Intangiblia™

A live show can be thrilling for one person and terrifying for another, especially when the room offers only vague warnings like “flashing lights.” We sit down with composer, writer, and inventor Helen Epega (The Venus Bushfires) to unpack how synesthesia shapes her world, why it can feel magical and overwhelming at the same time, and how that lived experience becomes a blueprint for better accessibility in the arts.We trace Helen’s journey from Nigeria to London and into opera, where she creates Song Queen, a pidgin English opera that pushes back on who gets cultural legitimacy on elite stages. She shares the surprising mix of welcome, skepticism, and long-term influence that comes with expanding tradition rather than rejecting it. From there we get into her methodology, “Access as Creative Core™,” where accessibility is built into the creative architecture from the first draft, not bolted on at the end.That philosophy leads to HiQuu®, her patent-pending accessibility technology platform for live performance accessibility and digital environments. HiQuu aims to translate a venue’s environment into sensory cues and options like captioning or visual prompts so neurodiverse, blind, and D/deaf audience members can attend together, not in segregated sessions. We also dig into intellectual property, patents, and creator rights in the age of generative AI, including why training on creative work without consent or payment damages the pipeline and why creator-led innovation must guide policy.If you care about inclusive design, assistive tech, copyright, patents, opera, or the future of the creative industry, this conversation offers concrete examples and a bigger vision for belonging. Subscribe, share with a friend who loves live performance, and leave a review with one change you want to see in arts access.Send us Fan MailCheck out "Protection for the Inventive Mind" – available now on Amazon in print and Kindle formats.The views and opinions expressed (by the host and guest(s)) in this podcast are strictly their own and do not necessarily reflect the official policy or position of the entities with which they may be affiliated. This podcast should in no way be construed as promoting or criticizing any particular government policy, institutional position, private interest or commercial entity. Any content provided is for informational and educational purposes only.
  1. Helen Epega: Opera, Synesthesia, and the Invention of Access
  2. John Degen: Celebrating Authors, Protecting Creativity
  3. Cécile Deniard: The Human Voice Inside Every Translation
  4. Felene Cayetano: Libraries, Authors, And The Caribbean
  5. Mikaela Taivassalo: Keeping Minority Languages Alive In A Digital Book World

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