Entries by David L. Cohen, Esq.

Outsourced Manufacturing and Trade Secrets: Outsourced Manufacturing (Part 2)

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

Patent Demand Letters – Escalation or Litigation (Part 5)

If the patent demand letter situation escalates and you may be sued for infringement, you have options to consider. Consider filing a lawsuit for declaratory judgment (DJ). In certain cases you may file a lawsuit against a patent owner for declaration that you are not infringing on any valid patents. Knowing the patent owner’s litigation […]

Using IP to Access Funding

Very interesting study from the UK Intellectual Property Office and the British Business Bank about using IPR (at least in part) as collateral for business loans. Very odd, however, is that there is NO mention of trade secrets at all.  Which is quite surprising actually.  While analyzing trade secrets usage as collateral is (understandably) more […]