How We Work

IP and Standards White-spacing to guide research for short and long-term productization and future IP value capture

Agreement Drafting

David L Cohen, P.C. can help you with all kinds of agreements large and small. From non-disclosure agreements to supply agreements to complex technology transfer agreements, we can provide you with as much or as little guidance as you need to maximize your chances of success.

Claim Interpretation and Charting / Infringement Assertions

It is a simple fact, that in today’s challenging climate for IP, asserting a portfolio with monetization in mind rarely goes according to plan. Developing an effective patent monetization strategy requires not only a good understanding of the infringement assertions being made but also how those assertions will be received.

How your claims are interpreted and the way in which your charts are presented will determine your credibility in the eyes of a potential licensee. Achieving the balance between effective technical advocacy and appearing reasonable to the parties from whom you hope to receive a net payment is not an easy task.

An effective assertion program will be able to adjust for the feedback from each potential licensee while ensuring that the overall goals of the program are not unduly compromised.

David L. Cohen, P.C. has experience in all aspects of infringement assertions, including claim interpretation and charting. We will work with your business to help ensure your intellectual property is charted persuasively. If desired, we can manage or actively participate in all aspects of assertions of your company’s intellectual property.

Defensive Licensing and Litigation / Threat Assessments and Landscaping

While the threats from baseless patent assertions have abated of late, failure to account for legitimate intellectual property claims can cause severe business disruption. Establishing a defensive IP strategy before threats arise will generally minimize the business costs when such threats become real.

Being able to discern between nuisance claims and real threats is key in determining which cost-effective strategies are available to a potential target.

David L. Cohen has deep experience in all aspects of both offensive and defensive intellectual property activity. David L. Cohen, P.C. will work with your business to identify your potential IP vulnerabilities and devise ways to overcome them.

We also will help you develop defensive strategies designed to minimize disruption and maximize the probability that any assertion is resolved at low cost, or better, goes away for good. If requested we can manage or actively participate in all aspects of defending against an IP assertion.

F/RAND and IP-related Antitrust/Competition Law Compliance

The intersection between intellectual property and antitrust law is a growing, worldwide phenomenon. The differing attitudes and approaches toward IP of regulators in North America, Europe, China, India, Korea, Brazil, and Japan can create many traps for the unwary. Navigating the potential pitfalls requires experience. Nowhere is this intersection more fraught than with Standard Essential Patents or SEPs.

SEPs must be asserted and licensed in a (fair) reasonable and nondiscriminatory or F/RAND way. These requirements make SEPs one of the most complicated and highly regulated assets on the planet. Yet they are a key value driver behind the telecommunication, software, and wireless industries.

However, the overlapping anti-trust and contractual obligations from multiple jurisdictions can quickly ensnare the unprepared in needless contractual and anti-trust litigations, and even potential criminal investigations. Complying with one’s F/RAND obligations as both a licensee and licensor is a constantly moving target involving such complementary disciplines as patent analysis, economics, engineering, business analysis, licensing, and anti-trust.

David L. Cohen has easy access to world-renowned expert consultants who have been at the cutting edge of all aspects of F/RAND in all relevant jurisdictions around the world. He is a popular speaker and author on the topic. He has been centrally involved in some of the most important F/RAND disputes in history, including Nokia v. Qualcomm, Nokia v. Apple, and Vringo v. ZTE. More importantly, in each of those disputes, he was part of a team that brought stellar results to his clients.

F/RAND need not always involve litigation, and David L. Cohen, P.C. will work hard at establishing the framework for cordial and meaningful discussions with all the relevant stakeholders to ensure the best possible outcome for their clients.

We will quickly work to size up the situation and offer a comprehensive plan to ensure both compliance with the relevant regulatory regimes as well as achieving your business goals in a cost-effective manner.

Global Litigation Management

Litigation is complex. When litigation reaches multiple jurisdictions the complexity can quickly become dizzying for the inexperienced. David L. Cohen, a published author on the topic, has deep experience ensuring that his client’s litigation goals are identified early on and constantly refined in light of events as they change.

David L. Cohen, P.C. will work with you to identify all of the relevant business goals – whether you or your company are defendants or plaintiffs. Once your goals are defined we will develop a budget and stage-by-stage plan designed to maximize the chances your goals are met in a cost effective manner that provides the least disruption to your business.

IP and Public Markets Concerns

Meshing the disclosure requirements of the public markets with the secrecy needs of complex intellectual property transactions is a delicate balancing act. David L. Cohen has played an important role for close to 10 years in ensuring that his clients comply with applicable regulations in a manner that ensures that their business and intellectual property interests are not compromised. David L. Cohen, P.C. will work with you to make sure your needs are addressed in a balanced manner.

License Negotiations

Effective licensing negotiations require, not only a good understanding of what is being offered for license but also a deep knowledge of the legal and regulatory framework behind intellectual property agreements. Failure to abide by the key rules can lead to regulatory investigations and lawsuits. Even more important is a recognition that licensing negotiations, like all negotiations, are a very human process, heavily dependent on the personalities and interests involved. When entering into a negotiation, an experienced partner with a good read of people, emotions and business situations is important to have at your side. David L. Cohen, P.C. and the Kidon IP Team offer deep experience negotiating successful and profitable IP deals of all sorts.

Outside Counsel Management

Managing outside counsel effectively is an art demanding an ability to balance the needs and culture of a client’s business with the very different world of the law and law firms.

Success requires gaining outside counsel’s respect as an important partner in getting results in the project that both benefits the client and furthers counsel’s reputation. Making that happen in a collegial and cost effective manner is always challenge.

David L. Cohen, has over eight years in large and boutique law firms and over ten years of in-house experience at Nokia and Vringo (now FORM Holdings). He has managed projects with budgets ranging from less than $1 million to over $100 million and teams ranging from 1 to 2 lawyers in a single firm to teams comprising hundreds of lawyers and related professionals in multiple firms around the world.

David L. Cohen, P.C. can provide peace of mind by ensuring that your counsel will have what they need to achieve peak performance at reasonable pricing.

Trade Secret Auditing and Protection

Trade Secrets are becoming more and more significant globally. They are an invisible component of a company’s intellectual property portfolio of assets and can add tremendous business value. Trade Secrets need to be properly and professionally managed and looked after.

Unfortunately, many companies are unaware of the contents of their full portfolio of trade secrets, let alone how they are protected. Even worse, many companies fail to create proper safeguards to protect their trade secrets in the hands of third parties.

David L. Cohen has significant experience identifying trade secrets and developing measures to secure them. Alongside the team at Kidon IP®, David L. Cohen, P.C. is well equipped to review its clients’ assets to assess the existence and strength of their trade secrets as well as put processes and procedures in place to ensure they remain protected.

If your trade secrets are compromised, we will work to efficiently and effectively stop the damage and, where possible, return what is yours.