Jayson L. Cohen

Of Counsel | New York

jcohen@mofo.com | (212) 336-4068 jcohen@mofo.com
(212) 336-4068

Jayson Cohen applies over 15 years of experience as a litigator and trial lawyer—as well as his professional background as a scientist and engineer—to represent his clients in litigation, arbitration, and counseling related to patents and other intellectual property. He develops and executes winning legal strategies in any field of technology by striving to understand his clients’ business and legal objectives.

Jayson has led teams of lawyers at all stages of IP litigation and arbitration—from pre-filing investigation, the pleading stage, and preliminary injunction practice to discovery and trial. He also has extensive experience drafting favorable settlements. Jayson has represented clients in patent infringement, trade secrets, IP licensing, and technology development disputes before numerous U.S. District Courts, the New York Supreme Court, the U.S. International Trade Commission, and the U.S. Copyright Royalty Board, as well as in ICC and JAMS arbitration. His experience also includes inter partes reviews before the United States Patent and Trademark Office (USPTO).

Jayson’s matters have spanned a wide variety of technologies, such as:

  • Electronics, Optics, Telecommunications, and Semiconductors: wireless communications and standards, semiconductor devices and their fabrication, semiconductor lasers, light-emitting diodes, digital cameras, circuit bus architecture and arbitration, power management of processors, and computer memory.
  • Software-Based Technologies: virtual and cloud environments, databases and their applications, network access and security, e‑commerce and websites, mapping, and electronic trading algorithms.
  • Life Sciences: pharmaceutical products (in ANDA litigation under the Hatch-Waxman Act), monoclonal antibodies, antibody-drug conjugates, gene therapy, medical devices and technology, diagnostic assays, and consumer healthcare and personal care products.
  • Chemistry and Its Uses: catalyst systems to abate diesel-engine emissions, genetically modified crops and plant gene markers, chemical synthesis and use of pesticides, and cosmetic formulations.

Beyond his work in litigating IP disputes, Jayson has served as lead and litigation counsel for transactional matters relating to IP licensing, product development, acquisitions, and securities offerings. He has also counseled corporate clients and hedge funds interested in understanding IP law and pending IP litigations, and he has advised clients on patent prosecution, IP protection, patent licensing programs, joint development and IP ownership agreements, IP rights in supply agreements, and marketing claims involving IP. In settling litigations, he has drafted distribution and other commercial agreements that put the settling parties in business together.

Jayson is dedicated to pro bono legal work. He filed, prosecuted, and favorably settled a civil-rights class action in Arkansas against the local “hot check” court and government, reforming practices alleged to violate the due‑process rights of the poor by creating a modern-day debtors’ prison. The National Law Journal recognized his work in Arkansas in naming the firm to its 2018 Pro Bono Hot List. He obtained reversal of a prior determination by the New York City Housing Authority that a homeless mother and her two young sons were ineligible for public housing. He also secured a favorable damages award for a harassed tenant against a landlord‑real estate company through an adversarial claims hearing associated with a RICO class-action settlement.

Prior to his legal career, Jayson gained extensive professional experience in numerous technology areas that he uses in his IP practice. These technology areas include electronics, optics, physics, communications, networks, cryptography, chemistry, mechanical devices, applied mathematics, and software. He worked as a scientist at MagiQ Technologies, Inc., from 2000 to 2001, where he also acted as the liaison with outside counsel on patent and regulatory issues. From 2001 to 2004, he worked as a senior engineer at The MITRE Corporation. In addition, Jayson was a visiting scientist at New York University in 1999 and at the National Science Foundation FOCUS Center at the University of Michigan from 2004 to 2006. Jayson is also an inventor on two patents: one concerning efficient random-number generation using optical detection, and one concerning wavevector-division multiplexed optical communications and quantum cryptography.

Jayson writes regularly on IP-related topics. He authored the chapter “Settling Patent Cases” in a leading treatise on the law of settlement agreements and the settlement process, Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement. He was a contributing editor of another leading treatise, Trade Secrets, for which he focused on legal developments relating to misappropriation of trade secrets. Furthermore, Jayson has served on the Publications Committee of the New York Intellectual Property Law Association (NYIPLA) since 2013. For NYIPLA’s periodic publication, The Report (formerly Bulletin), he writes a regular feature titled “IP Media Links.”

In 2015, Jayson was named a BTI Client Service All-Star by corporate counsel in recognition of his excellence in client service; he was one of 25 IP lawyers named nationally. For 2012–2016, he was selected by Super Lawyers to the New York–Metro Rising Stars list for Intellectual Property Litigation.

Jayson earned a Sc.B. in electrical engineering and an A.B. in history magna cum laude from Brown University, where he was elected to Tau Beta Pi. He received his Ph.D. in applied physics from the University of Michigan, where he was a Regents Fellow and a Rackham Predoctoral Fellow. He received his J.D. magna cum laude from the University of Michigan Law School, where he served as a contributing editor of the Michigan Law Review and was elected to the Order of the Coif.

Jayson is registered to practice before the USPTO.

Show More


Show More


Unsolicited e-mails and information sent to Morrison & Foerster will not be considered confidential, may be disclosed to others pursuant to our Privacy Policy, may not receive a response, and do not create an attorney-client relationship with Morrison & Foerster. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.