Jayson L. Cohen

Jayson is a highly effective litigator, trial lawyer, and advocate, representing his clients in technology and commercial disputes as well as other adversarial and regulatory matters. His electrical engineering degree and Ph.D. in Applied Physics, coupled with his years in industry, have allowed him to excel in his technology-focused law practice. Jayson litigates disputes centering on patents, trade secrets, copyrights, trademarks, IP licenses, technology development and collaboration agreements, and commercial contracts, while his regulatory experience includes space and earth station licensing as well as rulemakings, coordination, and consultations involving satellite spectrum rights and use.  

Jayson’s “roll up your sleeves” approach to legal service is strategic, based on gaining a deep understanding of his clients’ businesses, technologies, and goals. Jayson focuses on the end game to achieve the best outcomes for his clients. In settling litigations, Jayson has drafted not only settlement agreements but also commercial agreements that have allowed settling parties to develop their ongoing businesses together.  

Before joining BLG, Jayson represented clients in their most important IP litigation matters for sixteen years at Paul, Weiss and Morrison & Foerster. In 2022, Jayson became a Satellite Policy Director at SpaceX. There, he helped secure major wins through Federal Communications Commission license applications and rulemaking proceedings. He also headed spectrum coordination globally for Starlink, serving as SpaceX’s lead negotiator on spectrum use with terrestrial and satellite communications operators.  

Jayson has led legal teams at all stages of civil litigation— from pre-filing investigation to trial. He has practiced before numerous federal and state courts, 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.

Jayson is registered to practice before the United States Patent and Trademark Office. He has strategically employed post-grant and inter partes reviews for clients, and he understands their importance to patent litigation strategy.

Beyond his litigation and regulatory work, Jayson has served as IP counsel for transactional matters whose aims were licensing, joint product development and IP ownership, acquisitions, or securities offerings. He has counseled clients on their patent prosecution and licensing programs, and 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 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; quantum algorithms; 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 products
• 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)