Jayson L. Cohen

Perma-Liner Industries, LLC v. NuFlow Technologies U.S.A., Inc. (District of Delaware)

Defending NuFlow Technologies U.S.A. in patent litigation involving UV technology to cure resins for pipe repair.

Planner 5D v. Meta Platforms, Inc., et al. (Northern District of California)

Representing Planner 5D in copyright and trade secret litigation alleging unauthorized acquisition and use of 3D works for artificial intelligence training.

Seagen Inc. v. Daiichi Sankyo Co., Ltd., AstraZeneca  Pharmas. LP, et al. (Eastern District of Texas)

Successfully represented Seagen in complete patent plaintiff win of willful infringement, no invalidity, and all requested damages ($41.8 million) in a jury trial involving antibody-drug conjugate technology.

Biotechnology Industry Arbitration (JAMS)

Represented complainant in one-week confidential arbitration hearing alleging theft of trade secrets and breach of contract and fiduciary duties by former executive.

Route1 Inc. v. AirWatch LLC & VMware, Inc. (District of Delaware)

Successfully defended VMware and its subsidiary AirWatch in patent litigation involving a data connection between a host and remote device, leading to summary judgment of non-infringement (affirmed on appeal) and exceptional case award of $1.6 million in attorneys’ fees.  

The Drone Racing League Inc. (DRL) v. DR1 LLC (Southern District of New York)

Successfully represented DRL in trademark infringement litigation in which defendant DR1 agreed to consent judgment not to use either asserted trademarks or its own name, after DRL defeated motion to dismiss.

Meridian Bioscience Inc. v. DiaSorin Inc. (Southern District of Ohio)

Successfully represented Meridian Bioscience in alleging misappropriation of trade secrets and breach of collaboration agreement involving antibody-based diagnostic immunoassays, leading to favorable settlement with new strategic collaboration.

BASF Corp. v. Johnson Matthey Inc. (District of Delaware)

Successfully represented BASF in asserting a patent involving catalyst systems for abatement of greenhouse gas emissions from diesel engines, leading to favorable settlement just before summary judgment hearing.

Telecommunications Industry Arbitration (ICC)

Represented respondent in multi-day confidential arbitration hearing on patent license dispute.

Zond, Inc. v. Fujitsu Semiconductor Limited, et al. (District of Massachusetts)

Successfully represented Fujitsu in defending against patent assertions involving plasma processes in semiconductor device fabrication and in filing for Inter Partes Review (IPR) of patents. Argued and won significant customer stay in the District Court, after which USPTO invalidated 371 patent claims (every claim of every asserted patent) in IPR proceedings.

Helsinn Healthcare S.A., et al. v. Dr. Reddy’s Laboratories, Ltd., et al. (District of New Jersey)

Successfully defended Sandoz in patent litigations under the Hatch-Waxman Act involving formulations of palonosetron, a treatment for emesis. Settled favorably for Sandoz before trial after Sandoz filed for summary judgment of invalidity based on the on-sale bar. These on-sale bar positions led to the Supreme Court’s decision in Helsinn v. Teva.

Genentech, Inc. and City of Hope v. Glaxo Group Ltd., et al. (Central District of California)

Successfully represented Genentech and City of Hope against Glaxo and Human Genome Sciences in patent infringement litigations involving the Cabilly II and III patents, and accused monoclonal antibody products Arzerra® (ofatumumab) and Benlysta® (belimumab).The Arzerra® cases settled with Glaxo taking a license. The Benlysta® cases settled on undisclosed terms.

BASF Agro B.V., et al. v. Cheminova, Inc. and BASF Agro B.V., et al. v. Makhteshim Agan of North America, Inc., et al. (Middle District of North Carolina)

Successfully represented BASF in separate patent infringement assertions against generic manufacturers involving the chemical synthesis and use of a potent pesticide. In settling, Cheminova agreed to remain out of the U.S. market until expiration of a BASF manufacturing patent, and Makhteshim agreed not to use BASF’s patented manufacturing processes.

Distribution of the 2004 and 2005 Cable Royalty Funds (Copyright Royalty Board)

Successfully represented performing rights organization ASCAP in direct and rebuttal trials disputing distribution of the Section 111 cable compulsory copyright royalty fund.  

In the Matter of Certain Short Wavelength Semiconductor Lasers and Products Containing Same (International Trade Commission, 337-TA-627)

Successfully defended Nichia and Panasonic as respondents against Seoul Semiconductor in patent investigation involving gallium nitride-based semiconductor lasers and Blu-ray Disc™ devices. Settled favorably as part of a global settlement of litigation.

L’Oréal S.A., et al. v. Estèe Lauder Companies, Inc., et al. (District of New Jersey)

Successfully defended Estèe Lauder in patent litigation involving cosmetic formulations. Settled after favorable Markman ruling from the bench led to undisputed non-infringement defense against L’Oréal patent claims drafted specifically to cover the accused Estèe Lauder products.

‍