Posts

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 unit (SSPPU) as the base, it generated breathless headlines (Bloomberg).

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Trade Secret Theft in China

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

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John Marshall Law School SEP Licensing Program

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 Court of Appeals for the Federal Circuit.

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Meet the IP Thought Leaders: Robert Colao

Meet the IP Thought Leaders: Robert Colao by David L. CohenOver 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 welcomed me into their professional world with open arms. To celebrate these individuals, I am inaugurating a series of interviews.

My next interviewee, Robert Colao, is the founder and President of radiusIP®, Inc.  He is currently also the Chief Licensing Executive for SIPCO, LLC and IP Co, LLC, and is responsible for the overall licensing efforts and business aspects of the ESSENTIAL WIRELESS MESH™ portfolio/licensing program. Read more

Meet the IP Thought Leaders: Eric Stasik

Meet the IP Thought Leaders: Eric Stasik by David L. CohenI first met Eric Stasik some 5 years ago when I was at Vringo. When we first met, it took no more than 10 minutes to appreciate how lucky I was to have him on my team. Eric has an uncanny ability to, very quickly, see through can’t and cut to the core issues at hand. More importantly, he finds solutions. Eric gets stuff done quickly, effectively, and cost efficiently.  Having seen him at work in the years since, my appreciation of Eric and what he brings to the table has only deepened.

Eric currently provides assistance and guidance to firms engaged in commercial patent license negotiations through his consultancy, Avvika AB.  I am honored he agreed to this interview.
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Meet the IP Thought Leaders: Donal O’Connell

Meet the IP Thought Leaders: Donal O’Connell by David L. CohenOver the course of my 20+ years practicing law, I have had the honor of working with many individuals 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 welcomed me into their professional world with open arms. To celebrate these individuals, I am inaugurating a series of interviews. Read more

Standard Essential Patents: What Every IP Attorney and In-house Counsel Should Know Seminar

Standard Essential Patents: What Every IP Attorney and In-house Counsel Should KnowDavid L. Cohen is thrilled to be a panelist at the Standard Essential Patents seminar for IP executives at the John Marshall Law School in Chicago, IL.

The seminar is designed for IP attorneys, licensing professionals, and technologists interested in gaining valuable insights into the why and how of SEP development and licensing. It will be taught by a renowned former jurist, a respected licensing executive, and an innovative IP strategist who will bring their perspectives to bear on this fascinating field.

Read more about the seminar and register here.

Patent Demand Letters – You Have One, What Now? (Part 1)

Steps to Take if You Receive a Patent Demand Letter by David L. CohenWhile not as prevalent as it may have been in the go-go days of the early 2000s, in certain industries in the United States, it is only a matter of time before a company will receive a patent demand or cease and desist letter. Read more

Standard Essential Patents and Antitrust Law

Standard Essential Patents and Antitrust Law by David L. CohenThis past April, I participated in a 7-person panel at the Fordham IP Institute comprised of lawyers with significant interest in the telecommunications industry. The primary focus of the discussion centered around the various issues facing Qualcomm within the context of antitrust law, as well as with a broader perspective. The discussion was timely in light of the current US trade issues with China where Qualcomm appears to be a major bargaining chip. Read more

You’ve Decided to Conduct a Trade Secret Audit. Now What? Part 2

You’ve Decided to Conduct a Trade Secret Audit. Now What? Part 2 by David L. Cohen{5:35 minutes to read}  We all know what a ‘trade secret’ is, but legally speaking let’s be clear. And how about a ‘trade secret audit’? It’s probably safe to say it’s a review of all policies, procedures, and agreements in place surrounding a company’s trade secrets, to ensure they are in accordance with current best practices, in order to legally protect company intellectual property (IP) and assets.

There are five key areas of focus that a company performing a trade-secret audit must consider as they navigate this crucial undertaking. The following article outlines the five areas in full detail. Read more