Entries by David L. Cohen, Esq.

The second part of my talk at the IP Watchdog SEP conference is now available

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/    

The first part of my talk at the IP Watchdog SEP conference is now available

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 […]

Employees or Independent Contractor Generated IP (Part 1)

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 […]

Conducting Trade Secret Audits

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

The IEEE 2015 Patent Policy – A Natural Experiment in Devaluing Technology

  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 […]

Trade Secret Theft in China

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 […]

HR and Trade Secret Asset Management

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 […]