Jayson L. Cohen

Of Counsel | New York

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

jcohen@mofo.com
(212) 336-4068

Jayson Cohen applies over a decade 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.

Mr. Cohen 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 negotiating and drafting favorable settlements. Mr. Cohen has represented clients in patent infringement, IP licensing, technology development, and trade secrets 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 arbitration. His experience also includes inter partes review proceedings before the United States Patent and Trademark Office (USPTO).

Mr. Cohen’s matters have spanned a wide variety of technologies, such as:

  • Electronics, Optics, Telecommunications, and Semiconductors: wireless communications, semiconductor devices and their fabrication, semiconductor lasers, light-emitting diodes, digital cameras, circuit bus architecture and arbitration, power management of processors, and computer memory.
  • Life Sciences: pharmaceutical products (in ANDA litigation under the Hatch-Waxman Act), monoclonal antibodies, 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.
  • Software-Based Technologies: e‑commerce, websites, web-based maps, and electronic trading algorithms.

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

Mr. Cohen is dedicated to pro bono legal work. He filed, prosecuted, and favorably settled a civil-rights class-action lawsuit in Arkansas against the local “hot check” court and government, reforming practices that were alleged to have violated 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 through an adversarial claims process and hearing associated with a RICO class-action settlement with a landlord–real estate company.

Prior to his legal career, Mr. Cohen 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, 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, Mr. Cohen 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. Mr. Cohen 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.

Mr. Cohen 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 developments in the law of misappropriation of trade secrets. Furthermore, Mr. Cohen 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 entitled “IP Media Links.”

In 2015, Mr. Cohen was named a BTI Client Service All-Star by corporate counsel in recognition of his excellence in client service; he was one of only 354 lawyers and 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.

Mr. Cohen 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.

Mr. Cohen is registered to practice before the USPTO.

Show More

Experience

Show More
Close

Feedback

Disclaimer

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.