Jayson L. Cohen

REPRESENTATIVE CASES

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

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

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

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

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

Represented Seagen in complete jury verdict win of willful infringement, no invalidity, and all requested damages in a trial involving antibody-drug conjugates. Named one of the National Law Journal’s Top 100 Verdicts of 2022.

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 an 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 asserting trademark infringement. After DRL defeated motion to dismiss, defendant DR1 agreed to consent judgment not to use either DRL’s trademarks or DR1’s own name.

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 between the parties.

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 truck engines, leading to favorable settlement just before summary judgment hearing and pending trial.

Telecommunications Industry Arbitration (International Chamber of Commerce)

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 pursuing Inter Partes Review (IPR) of the patents. Jayson argued and won a 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, the defense Jayson spearheaded. The Supreme Court adopted these on-sale bar positions in Helsinn v. Teva.

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 a BASF manufacturing patent expired, and Makhteshim agreed not to use BASF’s patented manufacturing processes.

Distribution of the 2004 and 2005 Cable Royalty Funds (U.S. 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 (U.S. International Trade Commission)

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

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

Successfully defended Estée 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 Estée Lauder products.

TECHNOLOGIES FOR PAST AND ONGOING LEGAL MATTERS

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 and its application to other technologies; virtual and cloud environments including resource management and allocation; quantum computing 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