Entries by David L. Cohen, Esq.

Outsourced Manufacturing and Trade Secrets: Internal Controls

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 […]

Outsourced Manufacturing and Trade Secrets: Outsourced Manufacturing

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.

Smallest Saleable Patent Practicing Unit (SSPPU) – Another Court Affirms the Obvious

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 […]

Trade Secret Theft in China

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