Jayson Cohen is of counsel in the firm’s Intellectual Property Group. Mr. Cohen focuses his practice on litigation, arbitration, and counseling related to patents and other intellectual property.
Mr. Cohen has extensive experience in all stages of IP litigation and arbitration—from prefiling investigation, the pleading stage, and preliminary injunction practice to discovery and trial—as well as extensive experience negotiating and drafting settlements. He 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. He also has experience in 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:
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.
Mr. Cohen is dedicated to pro bono legal work. His experience includes: filing and prosecuting a civil-rights class-action lawsuit in Arkansas against the local “hot check” court and government, whose practices are alleged to violate the due-process and equal-protection rights of the poor under the U.S. Constitution by creating a modern-day debtors’ prison; obtaining 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; and securing 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 bimonthly 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.
In 2015, Mr. Cohen was named a BTI Client Service All-Star by corporate counsel in recognition of his excellence in client service. For 2012-2016, he was selected by Super Lawyers to the New York-Metro Rising Stars list for Intellectual Property Litigation.
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