In this part of the talk I review the publicly available statistics on SEP validity, critique the real party in interest doctrine at the PTAB, and offer a possible solution rooted in securities laws. https://www.ipwatchdog.com/2019/10/04/standard-essential-patents-statistics-and-solutions-to-the-real-party-in-interest-problem/id=114189/
Author Archive for: David L. Cohen, Esq.
About David L. Cohen, Esq.
This author has yet to write their bio.Meanwhile lets just say that we are proud David L. Cohen, Esq. contributed a whooping 145 entries.
Entries by David L. Cohen, Esq.
In this part of my talk I proposed the idea that just like suing for SEP infringement without following the relevant FRAND regime may prevent the SEP holder from seeking an injunction, engaging in serial nullifications of SEPs without following the relevant FRAND regime should prevent an implementer from using the FRAND regime as a […]
This post will provide an overview of key IP issues encountered when dealing with employees and independent contractors. We will cover the default ownership rules and rights for different types of IP and some tips on how to maximize an employer’s rights vis-à-vis its employees. Intellectual property (IP) created by employees and independent contractors or […]
I am very pleased that the white paper I wrote with Donal O’Connell on Trade Secret Audits from Practical Law of Westlaw was published in its Publication, “The Journal” – (so to be available on line at https://content.next.westlaw.com/Browse/Home/PracticalLaw/PracticalLawTheJournal?contextData=%28sc.Default%29&transitionType=Default
While most are unlikely to be familiar with the standards development organization IEEE-SA, everyone is familiar with its flagship standard IEEE 802.11, more commonly referred to by its brand name Wi-Fi, that is utilized by billions of people daily. Like all modern wireless standards, Wi-Fi relies on cutting edge proprietary technology to innovate and […]
Over 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 […]
If you follow statements of antitrust agencies the world over – even as far away as China and Korea – you would think that there is a crisis going on in SEP licensing. Some agencies have shown interest in the theoretical concept of “stacking” of SEP royalties. For example, a 2016 Speech by the European […]
I am delighted that a short paper of mine (co-authored with Donal O’Connell) on the subject of ‘Trade Secret Theft in China’ has been posted on the IP Strategy blog. The paper briefly explains trade secrets before then describing the various scenarios in which foreign companies may find themselves. We suggest that some of the […]
Well it finally happened. Notwithstanding the settlement with Apple, the district court overseeing the FTC’s case against Qualcomm issued a blistering, 233 page opinion against Qualcomm’s SEP licensing practices. Some have argued that this ruling is just one more step in Apple’s long play attempts to kill SEP licensing – the technology that has put […]
by David Cohen and Donal O’Connell Trade Secrets: While the laws governing trade secrets differ slightly from country-to-country, common among nearly all these laws is that a trade secret is any information that is: Not generally known to the relevant business circles or to the public. The information should also not be readily accessible. Confers […]