Entries by David L. Cohen, Esq.

Outsourced Manufacturing and Trade Secrets: Controlling the Manufacturing Process (Part 8)

Last time, I discussed outsourced manufacturing as well as the process and personnel. Now, I continue the discussion by exploring control over transactions and products as it relates to IP protection. Establishing and Maintaining Oversight Requiring the manufacturer to maintain a designated facility for all work involving the transaction can reduce the risk of violations […]

Unified Patent’s UnFRANDly Jihad or Trolling at the PTAB

  After a period of skeptical acquiescence, anti-trust regulators seem to have come around and embraced patent pools for standard essential patents (SEPs.)   The European Commission, no slouch when it comes to regulating SEPs, even remarked that the creation of patent pools “should be encouraged.”  Indeed, one recent study purporting to be the first to […]

Outsourced Manufacturing and Trade Secrets: Manufacturing Process & Personnel (Part 7)

After deciding on the basic corporate or contractual structure, the company should decide how best to strategically divide the manufacturing process. In the outsourced manufacturing context, the best process involves not only efficient manufacture, but also the most effective process to mitigate potential trade secret risks.

Outsourced Manufacturing and Trade Secrets: Transaction Structure & Contract (Part 6)

Transaction Structure Once the company selects a potential outsourced manufacturing partner, it should design a transaction structure that reinforces its commercial expectations and the manufacturer’s contractual obligations. Specifically, the company should structure the outsourced manufacturing transaction in a manner best suited to protect the company’s key intellectual assets (both registered IP and unregistered IP like […]

Tech’s Frightful Five and Their Allies Come to Brussels

Over the past 100 years corporate America has become quite sophisticated in how it lobbies the US Federal and State government and regulators.   While the messages being promoted may differ, lobbying for corporate interests as diverse as tobacco, sugar (and here), firearms, the environment, fossil fuels, health insurance (and here), financial regulation, and many other […]

Tech’s Frightful Five and Their Allies Come to Brussels

Over the past 100 years corporate America has become quite sophisticated in how it lobbies the US Federal and State government and regulators.   While the messages being promoted may differ, lobbying for corporate interests as diverse as tobacco, sugar (and here), firearms, the environment, fossil fuels, health insurance (and here), financial regulation, and many other […]