Jayson L. Cohen

Jayson is a highly effective litigator, trial lawyer, and advocate, representing his clients in technology and commercial disputes and other contentious matters before courts, arbitrators, and government agencies.

Jayson’s “roll up your sleeves” approach to litigation and legal service is strategic and client-focused, based on gaining a deep understanding of his clients’ businesses, technologies, and goals. He knows how to strategize about the end game and its best outcome — whether trial verdict, order, rule change, or settlement — from Day One.  And his electrical engineering degree and Ph.D. in Applied Physics have allowed him to excel in his technology-focused law practice.

Before joining BLG, Jayson represented clients in their most important IP litigation matters while at Paul, Weiss and then Morrison & Foerster, where he tried cases before juries, judges, and arbitrators. He was recruited from MoFo in 2022 to become a Satellite Policy Director at SpaceX. There, he helped secure major wins for SpaceX through Federal Communications Commission applications and rulemaking proceedings. He also headed Starlink’s spectrum coordination function globally, serving as SpaceX’s lead negotiator on spectrum use with terrestrial and satellite communications operators.  

Practice and Technical Expertise

Jayson has led teams of lawyers at all stages of civil litigation and arbitration — from pre-filing investigation to trial. His matters have addressed patents, trade secrets, copyrights, trademarks, IP licensing, technology development, and commercial contracts as well as satellite spectrum rights and space and earth station licensing. He has appeared before numerous U.S. District and Circuit Courts, the New York Supreme Court, the U.S. International Trade Commission, the U.S. Copyright Royalty Board, and the Federal Communication Commission and other U.S. and global regulatory agencies, as well as in ICC and JAMS arbitration. In settling litigations, Jayson has drafted not only settlement agreements but also license, supply, distribution, and other commercial agreements that have allowed settling parties to move past their disputes and continue their business together.

Jayson is registered to practice before the United States Patent and Trademark Office. He has an extensive understanding of the patent prosecution process, as well as post-grant and inter partes reviews at the USPTO, and their relationship to litigation strategy.  

Beyond his litigation and regulatory work, Jayson has served as IP counsel for transactional matters whose aims were licensing, product development, acquisitions, or securities offerings. He has evaluated patent portfolios for potential acquisition, freedom-to-operate, and assertion against competitors. Jayson has also advised corporate clients and hedge funds interested in understanding IP law and pending IP litigations. And he has counseled clients on patent prosecution and licensing programs, IP protection, joint development and IP ownership agreements, IP rights in supply agreements, and marketing claims involving IP. For four months in 2017, Jayson was seconded to the consumer health business of a global pharmaceutical company as in-house IP product counsel.

Jayson’s matters have spanned a wide variety of technologies, such as:

• Electronics, Optics, Telecommunications, and Semiconductors
  
  • ‍terrestrial and satellite wireless communications and standards; RF antennas and interference; semiconductor devices and their fabrication; semiconductor lasers; light-emitting diodes; digital cameras; circuit bus architecture and arbitration; power management of processors; and computer memory
• Software-Based Technologies
  
  • artificial intelligence; virtual and cloud environments; databases and their applications; network access and security; ecommerce and websites; and electronic trading algorithms‍
• Life Sciences ‍
  
  • large molecule pharmaceuticals (including monoclonal antibodies and antibody-drug conjugates); small molecule pharmaceuticals (in ANDA litigation under the Hatch-Waxman Act); gene therapy; medical devices and technology; diagnostic assays; and consumer healthcare and personal care product
• Chemistry and Its Uses
  
  • UV technology to cure resins; catalyst systems to abate diesel-engine emissions; genetically modified crops and plant gene markers; chemical synthesis and use of pesticides; and cosmetic formulations

Awards and Honors

• BTI Client Service All-Star 2015
• Super Lawyers New York–Metro Rising Stars list for Intellectual Property Litigation 2012-2016
• National Law Journal’s Pro Bono Hot List 2018
• National Law Journal’s Top 100 Verdicts of 2022

Representative Legal Speaking and Writing

• Guest Speaker on Patent Law, Yale College, Intellectual Property in the Digital Age (2020-present) ‍
• IP Media Links, New York Intellectual Property Association’s Bulletin / The Report (serial feature articles, 2013-2021) ‍
• Misappropriation, Trade Secrets, Ch. 6 (Law Journal Press 2015) ‍
• An Integrated Strategy for Challenging Validity in the USPTO and EPO, New York Intellectual Property Association’s Bulletin (Feb.-Mar. 2015) ‍
• Alexsam, Inc. v. IDT Corp., Fed. Cir. Bar Ass’n Case Digest, Vol. 16, No. 12 (June 2013)
• Settling Patent Cases, Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement, Ch. 33 (Aspen Law & Business 2007, rev. 2010) ‍
• Patent Law: Two Patentability Rulings, National Law Journal (Nov. 12, 2007) (analyzing In Re Comiskey and In Re Nuijten)

Patents and Representative Peer-Reviewed Scientific Publications  

• U.S. Pat. No. 7,197,523: Efficient use of detectors for random number generation
• U.S. Pat. No. 7,639,948: System and method for wave vector multiplexed laser communication
• C. Trallero-Herrero, J. L. Cohen, and T. C. Weinacht, Strong field atomic phase matching, Physical Review Letters 96, 063603 (2006)
• C. Trallero-Herrero, D. Cardoza, T. C. Weinacht, and J. L. Cohen, Coherent control of strong field multiphoton absorption in the presence of dynamic Stark shifts, Physical Review A 71, 013423 (2005)
• J. L. Cohen, Atom Optics With Standing Wave Fields (Univ. of Michigan, Ph.D. Thesis) (2000)
• J. L. Cohen and P. R. Berman, Amplification without inversion: Understanding probability amplitudes, quantum interference, and Feynman rules in a strongly driven system, Physical Review A 55, 3900 (1997)