This article is the next piece of my series discussing patent demand letters. Part one, reviewed the initial considerations and steps one should make upon receiving a patent demand letter. Part two explored the subject or content of the letter — i.e., what is the sender asking for? Part three addresses evaluating the merits. At […]
Author Archive for: David L. Cohen, Esq.
About David L. Cohen, Esq.
This author has yet to write their bio.Meanwhile lets just say that we are proud David L. Cohen, Esq. contributed a whooping 97 entries.
Entries by David L. Cohen, Esq.
This paper was originally written as a source material for my presentation at the ABA’s 2017 IP West as part of the The China Paradox – October 11-12, 2017, Long Beach, CA, and subsequently edited and supplemented. I. The Vringo Background The following paper is a short history of the thirty-nine-month battle between Vringo, Inc. and ZTE Corporation. Vringo […]
David L. Cohen is thrilled to be a panelist at the Standard Essential Patents seminar for IP executives at the John Marshall Law School in Chicago, IL. The seminar is designed for IP attorneys, licensing professionals, and technologists interested in gaining valuable insights into the why and how of SEP development and licensing. It will be […]
In my previous article, I discussed the initial considerations and steps one should make upon receiving a patent demand letter. Particularly, identifying the allegations and sender. In part two, I discuss the subject or content of the letter — i.e., what is the sender asking for? As with most things, infringement letters come in a […]
While not as prevalent as it may have been in the go-go days of the early 2000s, in certain industries in the United States, it is only a matter of time before a company will receive a patent demand or cease and desist letter.
This past April, I participated in a 7-person panel at the Fordham IP Institute comprised of lawyers with significant interest in the telecommunications industry. The primary focus of the discussion centered around the various issues facing Qualcomm within the context of antitrust law, as well as with a broader perspective. The discussion was timely in […]
In litigation, how much specific disclosure is required? During the course of a United States litigation — whether under the new, federal Defend Trade Secrets Act (DTSA) or the older state-adopted Uniform Trade Secrets Act (UTSA) — it is required that a plaintiff provide a description of the trade secrets allegedly stolen. What constitutes an […]
Contrary to popular belief — especially among business owners — trade secrets are not only found in top secret, highly-secure research labs. Rather, almost every business possesses trade secrets, regardless of whether the business is small, medium or large. A trade secret is anything that is: Not generally known or readily accessible to the relevant […]
It is worth noting that many of the use cases for IoT that are currently receiving much attention (like connected cars), likely won’t fall into litigation because of SEP enforcement challenges. Frankly, I don’t see a scenario where the number of cars being sold and the proportionate value that IoT will bring to those cars […]
I believe we may be due in the next two to three years for a large-scale re-eruption of the patent wars that have been a constant presence in the telecommunications industry since at least 2005. Unlike the prior iterations of those wars, I believe these wars will not only be international, but much of their […]