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:
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
(District of Delaware). Representing VMware in patent litigations involving virtual and cloud computing and the cross assertion of eleven patents. VMware successfully defeated a motion for preliminary injunction.
(Eastern District of Texas). Representing Seagen in asserting a patent related to antibody-drug conjugates for treating cancer patients.
(Northern District of California). Representing Teradata against SAP in litigation alleging misappropriation of trade secrets and antitrust violations.
(District of Delaware). Represented AirWatch and its parent VMware in patent litigation involving network access and security. Obtained a complete defense victory based on claim construction and summary judgment of non-infringement (affirmed by the Federal Circuit on appeal) and an exceptional case finding under 35 U.S.C. § 285 leading to a $1.6 million fee award.
(Southern District of Ohio). Represented Meridian Bioscience in case alleging misappropriation of trade secrets and breach of contract involving diagnostic immunoassays. Settled before trial on terms establishing a new business collaboration.
(District of Delaware). Represented BASF in asserting a patent covering catalyst systems that abate greenhouse gas emissions from diesel engines. Settled before trial on undisclosed terms.
(District of Delaware). Represented BlackBerry in asserting patents related to infrastructure technology and wireless standards for mobile communications.
(District of Delaware). Represented Fujitsu Semiconductor Ltd. as intervenor in four co-pending patent litigations involving semiconductor device structure, semiconductor device fabrication, and dynamic random access memory relating to consumer electronics. Settled on favorable terms.
(District of Massachusetts; PTAB). Represented Fujitsu Semiconductor in patent litigations and related inter partes review proceedings involving plasma processes in semiconductor device fabrication. Argued and won customer stay in district court case. The PTAB invalidated all claims in all asserted patents, 371 claims in total.
(Southern District of New York). Represented AETN and AMCN in separate patent litigations against a non-practicing entity that accused their online programming schedules of infringement. The cases settled on favorable terms.
(District of New Jersey). Represented Sandoz Inc. in patent litigations under the Hatch-Waxman Act involving formulations of the active pharmaceutical ingredient palonosetron, a treatment for emesis. Settled favorably before trial.
(Northern District of California). Represented Freescale Semiconductor in patent litigation involving bus architecture and arbitration in system-on-a-chip circuits and power management of processors in those circuits.
(Southern District of New York). Represented Ricoh in patent licensing dispute involving digital cameras.
(Central District of California). Represented Genentech and City of Hope against Glaxo and Human Genome Sciences in asserting the Cabilly II and III patents against monoclonal antibody products Arzerra® (ofatumumab) and Benlysta® (belimumab). Filed the first case asserting the Cabilly III patent. The Arzerra® cases settled with Glaxo taking a license under the Cabilly II and III patents. The Benlysta® cases settled on undisclosed terms.
(Middle District of North Carolina). Represented BASF against generic manufacturers in asserting patents relating to the chemical synthesis and use of a pesticide. Cheminova agreed to remain out of the U.S. market until the expiration of a BASF manufacturing patent, and Makhteshim agreed not to use BASF’s patented manufacturing processes to make the pesticide.
(District of Delaware). Represented BASF in patent litigations involving genetically modified crops and plant gene markers. The parties asserted patents that relate to the AHAS promoter and AHAS gene used in plant biotechnology, including the accused Pioneer Hi-Bred/DuPont corn. The cases settled favorably.
(Copyright Royalty Board). Represented music performing rights organization ASCAP in dispute over distribution of the Section 111 cable compulsory copyright royalty fund. Second-chaired direct and rebuttal trials in support of music’s and ASCAP’s share of the royalty fund.
(International Trade Commission, 337-TA-627). Represented Nichia and Panasonic as respondents in patent investigation involving gallium nitride-based semiconductor lasers and Blu-ray Disc™ devices. Settled favorably as part of a global settlement of litigation.
(New York Supreme Court). Represented MTH in theft-of-trade-secrets litigation relating to electronic securities trading.
(District of New Jersey). Represented Estèe Lauder in patent litigation involving cosmetic formulations. Settled after favorable Markman ruling from the bench led to undisputed non- infringement defense against patent claims drafted to cover the accused products.