Interesting verdict. The jury concluded that Ericsson did not breach its contractual obligations to offer HTC a license to its SEP portfolio. However, the jury also found that BOTH Ericsson and HTC breached their obligation to negotiate for that license in good faith. Lots to think about. More to come. Here is the verdict form.
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 120 entries.
Entries by David L. Cohen, Esq.
When a company, for the soundest of business reasons, is exploring placing its crown jewels, its intellectual assets, in the hands of a third party, proper internal controls are vital. A company’s internal controls may help to ensure proper: Vetting and selection of the prospective manufacturer during the due diligence process. Negotiation of the outsourced […]
Nearly all manufacturing processes involve a significant number of intellectual assets. These assets may include registered intellectual property (designs, patents, copyrights, or trademarks) or unregistered trade secrets, know-how, confidential information, or other intangibles.
There are two common categories of outsourced manufacturing: toll manufacturing and contract manufacturing. While both these manufacturing options have distinct and clear characteristics, their strategic advantage is their ability to provide customers with valuable ways to save both time and capital on their product line development.
Since the beginning of the industrial age, companies have outsourced part of the manufacturing process to third-party providers. In the twentieth century, as manufacturing processes became more complex and distribution more global, this trend accelerated.
In the topsy-turvy world of Standard Essential Patent (SEP) litigation, a court acknowledging the obvious often counts as news. Thus, when Judge Gilstrap in EDTX noted the other day in an order before trial (Doc 376) that the ETSI IPR policy does not require royalties being calculated on use by the smallest saleable patent practicing […]
I am very pleased I can now share the article that I co-authored with Doug Clark. The article first appeared in IAM Issue 92, published by Globe Business Media Group – IP Division. To view the issue in full, please go to www.IAM-media.com To read the article please click here.
By David Cohen & Donal O’Connell The headlines: “China national charged with stealing trade secrets” – U.S. Justice Department “Chinese battery expert is charged with stealing trade secrets from US employer, as he prepared to join mainland firm” – South China Morning Post
In October I was honored to be part of the John Marshall Law School IP Executive seminar program run by the inestimable Daryl Lim, and to be part of an all-day, three-person panel on Standard Essential Patents (SEPs). My co-panelists were Graham Bell of Cubicibuc Ltd. and Randall Rader, former Chief Judge of the US […]
Over the course of my 20+ years practicing law, I have had the honor of working with many individuals who are involved at the cutting edge of all aspects of intellectual property. I consider myself very lucky that most of these folks, in addition to being luminaries in the industry, are good people and have […]