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Steps to Take if You Receive a Patent Demand Letter (Part 3)

Steps to Take if You Receive a Patent Demand Letter (Part 3) by David L. Cohen

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 this stage it might not be worthwhile to perform a full analysis of the letter’s claims, but it is definitely worth performing at least a high-level review.   Read more

Standard Essential Patents: What Every IP Attorney and In-house Counsel Should Know Seminar

Standard Essential Patents: What Every IP Attorney and In-house Counsel Should KnowDavid 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 taught by a renowned former jurist, a respected licensing executive, and an innovative IP strategist who will bring their perspectives to bear on this fascinating field.

Read more about the seminar and register here.

Steps to Take if You Receive a Patent Demand Letter

Steps to Take if You Receive a Patent Demand Letter by David L. CohenWhile 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. Read more

Standard Essential Patents and Antitrust Law

Standard Essential Patents and Antitrust Law by David L. CohenThis 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 light of the current US trade issues with China where Qualcomm appears to be a major bargaining chip. Read more

The Importance of Trade Secret Metadata at a Trade Secret Misappropriation Court Case

The Importance of Trade Secret Metadata at a Trade Secret Misappropriation Court Case by David L. CohenContrary 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 business circles or to the public;
  • Gives some sort of potential or actual economic benefit to its owner where the benefit derives from the fact that the thing is not generally known, and not just from the value of the thing itself; and
  • Is subject to “reasonable steps,” depending on the specific circumstances, to keep it secret.

Historically, trade secrets, if even considered, were treated as an afterthought. If there was some sort of non-disclosure agreement on file somewhere, companies were satisfied and turned their attention to patents, copyrights, and designs.

This attitude is changing for a number of reasons.

Read more

Will the IoT Patent Wars be like the Smartphone Wars?

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 driving force will occur ex-USA.  Moreover, they will be across multiple industries. They will be much more impacted by direct government policy and will be much broader in impact than just mobile cell phones and terminals.

I believe that the playing field of this war will be the Internet of Things often abbreviated as IoT. Read more

You’ve Decided to Conduct a Trade Secret Audit. Now What? Part 2

You’ve Decided to Conduct a Trade Secret Audit. Now What? Part 2 by David L. Cohen{5:35 minutes to read}  We all know what a ‘trade secret’ is, but legally speaking let’s be clear. And how about a ‘trade secret audit’? It’s probably safe to say it’s a review of all policies, procedures, and agreements in place surrounding a company’s trade secrets, to ensure they are in accordance with current best practices, in order to legally protect company intellectual property (IP) and assets.

There are five key areas of focus that a company performing a trade-secret audit must consider as they navigate this crucial undertaking. The following article outlines the five areas in full detail. Read more

Secrets to Using Intellectual Property to Increase Startup Value

This article by David L. Cohen, Ivan Chaperot, and Frederic Thiel was originally published by Bloomberg Law. Copyright 2018 The Bureau of National Affairs, Inc.

Secrets to Using Intellectual Property to Increase Startup Value

David L. Cohen

David L. Cohen, Esq.

David L. Cohen, P.C. – Kidon IP
123 West 93rd Street
New York, NY 10025
dl.cohen.pc@kidonip.com
(917) 596-1974

You’ve Decided to Conduct a Trade Secret Audit. Now What?

You’ve Decided to Conduct a Trade Secret Audit. Now What? by David L. Cohen{3:10 minutes to read} You decided you need to conduct a trade secret audit. What should you do next?

After getting management buy-in, the most important step is to decide what you hope to achieve with the audit. Broadly speaking, there are five headline goals: Awareness, Agreements, Employees, Tools, and Monetization.

Below are some of the key aspects of the 5 headlines. Read more