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.

Playing Around INTA 2026: A Scenario Game for IP Lawyers – Intangiblia™

We’re in London at the INTA 2026 Annual Meeting, but we’re not doing a standard conference recap. We wanted to show how intellectual property work can be creative, inventive, and even fun, so we built THE INVENTIVE MINDSET GAME, a scenario game, and handed real IP lawyers a stack of tricky client prompts.Each prompt forces a choice: do you follow the client’s exact instructions, take an inventive counseling path, bring in an AI assist tool, or throw a curveball and plan for the worst-case scenario. From a smart home invention to a viral character and an influencer launching a skincare line, we dig into the practical decisions behind patent strategy, trademark protection, and copyright, including how to think about prior art, claim scope, brand control, and what “commercialization” actually demands.We also talk about the unglamorous but critical details that can make or break an IP strategy: picking the right trademark classes, avoiding coverage that doesn’t match the business, and sequencing filings when budgets are tight. If you’re a founder, creator, in-house counsel, or just curious about how IP law works in the real world, you’ll leave with clearer mental models and sharper questions to ask before you file anything.Subscribe for more stories and practical IP insights, share this with a friend building a brand, and leave a review if the game format helped you think differently about IP. What would you choose first: safe, inventive, AI-assisted, or curveball?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. Playing Around INTA 2026: A Scenario Game for IP Lawyers 08:56
2. Sports As IP Strategy 15:15
3. The Afterlife of Innovation: Can IP Outlive the Business That Created It? 19:44
4. Case Study: Lindt’s Gold Bunny Trademark Saga 22:40
5. What Kind of Negotiator Are You, Really? 39:39