One of the most important developments in the world economy has been the increased importance of ideas and innovation. It is no exaggeration to say that they comprise the predominant source of economic value in the world today. The challenge with ideas and innovations is that they are intangible — and as such, they are hard […]
Author Archive for: David L. Cohen, Esq.
About David L. Cohen, Esq.
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Entries by David L. Cohen, Esq.
Because IP monetization covers a wide range of business and legal activities, it is important to provide some examples. Broadly, there are four categories of IP monetization: 1. The most straightforward is to get others — through negotiation or litigation — to pay (the IP owner) money for the right to practice or use your IP […]
Transition Services After termination or expiration, the company should require the manufacturer to provide extensive transition services to the company. In addition to customary provisions, the agreement could provide for the transfer to the company of key equipment; materials; or facilities. The agreement can further require the manufacturer to offer severance to crucial employees and […]
I am very pleased that Practical Law has published a piece I co-authored with Doug Clark and Eric Stasik that discusses anti-trust issues associated with Standard Essential Patents (SEPs) and considerations for counsel managing SEP licensing programs. The purpose of the article was to provide a high-level overview of the entire life-cycle of SEP management […]
Licensing of Trade Secrets and IP The licensing of the company’s trade secrets and other IP should be consistent with the company’s identification of its trade secrets and other IP and appropriately limited in scope. Among other considerations, the license should be: Narrowly tailored to cover only the manufacturer’s required use of the licensed information […]
It consists of 5 short videos (between 4-9 minutes each). I hope viewers find it useful and informative. https://www.youtube.com/playlist?list=PLZbvV5Lir4QUaIuh72E4unY9LCkWKdcvb
As I noted previously, over the past five years or so, the IEEE has been captured by the implementer lobby and its advocates. But where did this trend originate from? It probably has its roots in its leadership. In 2012, IEEE announced the appointment of Konstantinos Karachalios as its Managing Director. The announcement boasted Karachalios’ […]
Employee Termination While not always possible given local labor laws, to the extent possible, the company should require the manufacturer to adopt protocols to govern a termination of the manufacturer’s employees in a manner that minimizes the risk of the employees taking confidential information with them when they leave the manufacturer. These may include:
In part 1, I reviewed patents and copyrights. In this post, I will discuss trade secrets, IP rights, and other protection measures. Trade Secrets No federal or state statute expressly addresses initial ownership of a trade secret as between a company and the employee or independent contractor who develops the trade secret. All US states, […]
The outsourced manufacturing agreement should require procedures that limit access to the company’s confidential information to specific, identified manufacturer personnel and solely to the extent they need to know the information for performing the services. If possible, the company should require the manufacturer to amend its employment contracts with individuals having access to the company’s […]