Entries by David L. Cohen, Esq.

The Real FRAND Scam Part 1

Last month, Unified Patents, also known as a PTAB reverse troll, launched its new service called Unified Consulting. Citing from its website, Unified Consulting “can meet the needs of their companies through IP consulting and data service and support.[1] U[nified] C[onsulting] provides innovative solutions to clients […].” Unfortunately, the solutions Unified advertises are to “problems” […]

The Real FRAND Scam Part 3

Previously we discussed a Unified Patents’ article, the “FRAND SCAM” fails to address many key points.  But worse than these sins of omission, the article goes so far as to make some outlandish misrepresentations about the overturned TCL decision.  For example, Unified incorrectly posits that the “court […] concluded […] that Ericsson had violated its […]

Identifying Trade Secrets With Reasonable Particularity

As we have written previously, during the course of a United States litigation — whether, under the new, federal Defend Trade Secrets Act (DTSA) or the older state-adopted Uniform Trade Secrets Act (UTSA) — plaintiffs must typically provide a description of the trade secrets allegedly stolen. What constitutes an adequate identification of the stolen or […]

New IAM publication (re-posted with corrected links)

I am very pleased to report that IAM has published a short post by Eric Stasik and myself looking at Nokia’s published licensing revenue in light of the current SEP licensing ecosystem. The article can be found on IAM’s website here: https://www.iam-media.com/frandseps/nokia-licensing-income Apologies for the original link – as it seems to be broken.  Try […]

IPlytics’ Patent-Counting Fallacy

There is no doubt that the number of patents declared as potentially essential to technical standards is not an indication of essentiality; its only purpose is to make those declared patents accessible on FRAND terms should they ever become essential. Tim Pohlman, founder of IPlytics a commercial technology consultancy, participated in an empirical study and […]

Back to Balance

The remedies a court can impose on behalf of a standard-essential patent owner whose Essential Patents are infringed, and even the remedies an Essential Patents owner requests became an especially contentious question between 2013-2015.  During that time window, it seemed like courts and regulators were trying to severely limit the remedies available for Essential Patents […]

Anti-Patent Leadership Taking IEEE-SA on The Road to Knowhere? Part II

In my prior piece, I noted IEEE General Director Karachalios’ anti-patent positions and protectionist associations that one might find troubling in a 25 year EPO employee or the Managing Director of what is billed as the “world’s largest technical professional organization for the advancement of technology.” One would have assumed that love of technological growth […]