Intellectual Property and Technology

Cohen & Gresser handles a wide range of intellectual property and technology matters. Our litigators have experience in patent, trademark, copyright, trade secret, and unfair competition litigation and advise clients on internet privacy issues, data security, and technology law. Our transactional lawyers protect our clients’ patents, trademarks, service marks, copyrights, and trade secrets; manage trademark portfolios; and negotiate and draft a broad range of licensing and technology-related agreements.

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IAM Patent 1000 has recognized Karen H Bromberg as a leading patent professional in its 2020 guide, highlighting Karen as an “excellent IP strategist” with a talent for “resolving complicated matters in creative and business-minded ways.”  Published by Intellectual Asset Management (IAM), the ranking identifies top patent professionals in key jurisdictions around the globe and takes into account an attorney’s depth of knowledge, market presence, level of work, as well as positive peer and client feedback.

Managing Intellectual Property has named Karen H Bromberg as a Copyright Star and as a Trademark Star in its 2020 IP Stars rankings. This recognition marks the seventh consecutive year that Karen has been listed as an IP Star – a recognition given to IP professionals who have been highly recommended by their peers and clients.

Chambers has recognized Cohen & Gresser in its 2020 USA guide for its achievements in General Commercial Litigation and White Collar Crime & Government Investigations. Chambers commentary highlights the firm's "thoroughness, quality, responsiveness, client care and availability,” noting that "the level of service is stellar, the work product is uniformly superb,” and that C&G is "a great firm with high quality across the board."

Chambers also recognized the following individuals: Jonathan S Abernethy for White Collar Crime & Government Investigations; Karen H Bromberg for Intellectual Property: Patent; Mark S Cohen for Securities Litigation and White Collar Crime & Government Investigations; and Lawrence T Gresser for Commercial Litigation.

Guillaume Seligmann has been recognized by Chambers & Partners in its 2020 Europe guide as a leading practitioner in the Information Technology field in France. Chambers’ commentary noted that Guillaume “is very pragmatic, knows the business very well, and he goes straight to the point,” and that Guillaume “acts on a broad spectrum of IT matters, including blockchain, data privacy, and software licensing litigations.”

We are pleased to announce that 33 of our New York and Washington D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak to its list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg to its list of the top 50 women lawyers in the New York metropolitan area.

Managing Intellectual Property has named Karen H Bromberg as a Patent Star and as a Trademark Star in its 2019 IP Stars rankings. IP Stars are private practice IP professionals who have been highly recommended by their peers and clients.

IAM Patent 1000 has recognized Karen H Bromberg and Francisco A Villegas as leading patent professionals in its 2019 guide, noting an “excellent track record” and efficiency in “facilitating early wins.”  Published by Intellectual Asset Management (IAM), the ranking identifies top patent professionals in key jurisdictions around the globe and takes into account an attorney’s depth of knowledge, market presence, level of work, as well as positive peer and client feedback.
We are pleased to announce that thirty of our New York and Washington, D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founders Mark S Cohen and Lawrence T Gresser to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald as two of its top 50 women lawyers in New York. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.

Managing Intellectual Property has named Karen H Bromberg as a Patent Star and as a Trademark Star in its 2018 IP Stars rankings. IP Stars are private practice IP professionals who have been highly recommended by their peers and clients.

IAM Patent 1000 has recognized Karen H Bromberg and Francisco A Villegas as leading patent professionals in its 2018 guide.  Published by Intellectual Asset Management (IAM), the IAM Patent 1000 identifies top patent professionals in key jurisdictions around the globe, compiling its data through interviews with numerous attorneys at law, patent attorneys, and in-house counsel.
C&G welcomes the attorneys who joined the firm in 2017. "We’re very fortunate to have added these exceptional lawyers in New York and Paris," said Managing Partner, Lawrence T Gresser.  "We look forward to continuing to build our transactional and disputes practices in all of our offices in 2018."
Twenty-eight of our New York and Washington D.C.-based Cohen & Gresser attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also named C&G co-founding partner Mark S Cohen to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald to its top 50 women lawyers in New York list. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.
IAM Patent 1000 has recognized Karen H Bromberg and Francisco A Villegas as leading patent professionals in its 2017 guide.  Published by Intellectual Asset Management (IAM), the IAM Patent 1000 identifies top patent professionals in key jurisdictions around the globe, compiling its data through interviews with numerous attorneys at law, patent attorneys, and in-house counsel.
Twenty-two of our New York and Washington, D.C.-based attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also named C&G co-founding partners Mark S Cohen and Lawrence T Gresser to its list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg to both its list of top 50 women lawyers and top 100 lawyers in the New York metropolitan area.
IAM Patent 1000 has recognized Karen H Bromberg and Francisco A Villegas as leading patent professionals in its 2016 guide.  Published by Intellectual Asset Management (IAM), the IAM Patent 1000 identifies top patent professionals in key jurisdictions around the globe, compiling its data through interviews with numerous attorneys at law, patent attorneys, and in-house counsel.
We are pleased to announce that Cohen & Gresser's Paris office has been recognized in The Legal 500's 2016 France guide for its work in three separate practice areas:  Mergers and Acquisitions; Employment; and IT, Telecoms, and the Internet. The Legal 500 also noted Cohen & Gresser's growth in Paris over the course of 2015 in its overview of the French legal market. The Legal 500 analyzes the capabilities of law firms across the world.  Its rankings highlight "practice area teams who are providing the most cutting edge and innovative advice to corporate counsel."
Cohen & Gresser is pleased to announce the expansion of the firm's technology practice, as partner Guillaume Seligmann and associate Marie Gagey have joined our Paris office. Mr. Seligmann will head the firm's French technology, privacy, and data protection practice. He was previously a partner at Paris firm Cotty Vivant Marchisio & Lauzeral and has been recognized by The Legal 500 France and Chambers Europe.
We are pleased to announce that twenty-two of our New York-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in New York receive this honor.
IAM Patent 1000 has recognized Karen H Bromberg as a leading patent professional in its 2015 guide.  Published by Intellectual Asset Management (IAM), the IAM Patent 1000 identifies top patent professionals in key jurisdictions around the globe, compiling its data through interviews with numerous attorneys at law, patent attorneys, and in-house counsel.
On Tuesday May 27, 2015, the U.S. Supreme Court ruled a good faith belief that a patent is invalid is not a defense to induced infringement. C&G's Karen H Bromberg speaks to Law360 about why this decision in Commil USA LLC v. Cisco Systems Inc. is significant.
Cohen & Gresser is pleased to announce that the firm and five of its attorneys are recognized in the 2015 edition of Chambers USA, a national ranking guide that recognizes outstanding lawyers and law firms across the United States who are strongly recommended based on in-depth interviews with thousands of lawyers, clients, and industry leaders, with the most weight assigned to client feedback. The final rankings take into account a lawyer's legal ability, professional conduct, client service, commercial astuteness, diligence, and commitment to the profession, among other qualities most valued by clients.
We are pleased to announce that twenty-four C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also named C&G co-founding partner Mark S Cohen to its list of the top 100 lawyers in the New York metropolitan area, and C&G partner Karen H Bromberg to its list of the top 50 women lawyers in the New York metropolitan area. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in New York receive this honor. View all rankings
Recently, President Obama signed into law the Defend Trade Secrets Act ("DTSA").  Under the DTSA, an owner of a misappropriated trade secret may bring a federal civil action if the trade secret is "related to a product or service used in, or intended for use in, interstate or foreign commerce." There are many aspects of this new law of which businesses should be aware, but three are worth special attention. Click 'view' to read more. 
Don’t assume your client will receive a stay pending post grant proceeding. Many practitioners assume that an IPR will trigger a stay of litigation.  This article discusses recent cases that suggest careful case planning, to request or resist, is necessary to best achieve a client’s goals.
E-discovery continues to be an arduous part of the patent litigation process, but three district courts in particular—The Eastern District of Texas, Northern District of California, and the District of Delaware have attempted to level the e-discovery playing field. Since different Districts use different approaches to e-discovery, it’s imperative to know the local e-discovery climate.
Some courts are holding defendants to a heightened pleading standard for affirmative defenses and counterclaims. A review of different pleading standards for claims in different jurisdictions suggests that defendants should look carefully at evolving case law in their jurisdiction in which they are sued until the Federal Circuit presumably harmonizes the pleading standards.
Partner Dan H Tabak served as a panelist in a webinar for the IPO IP Chat Channel discussing the status of conflict waivers under legal and ethical rules, the various types of advance waivers, and how courts have evaluated the text of the waiver and the surrounding facts in a number of decisions. The panelists will also offer tips for how to negotiate and draft advance waivers that can best serve the needs of both clients and law firms.
The Alice decision held that patent claims directed to certain abstract ideas are invalid under 35 U.S.C. Sec. 101. This represents the fourth time in the past five years that the Supreme Court has tackled the question of whether a patent was directed to patent-eligible subject matter. The decision impacts the future of software patents, other business method patents, and patent troll (NPE) activity. This One-Hour Briefing will address what inside counsel need to know about the Supreme Court’s decision on patent eligibility including:
  • What factors of patent eligibility does the Alice ruling not address
  • Applying Alice from the perspective of the patent defendant
A privacy law presentation at the In-House Counsel Forum of Korea.  This seminar will describe sources of privacy law in the United States and the European Union.  It will also illustrate how these jurisdictions approach privacy law, how it is enforced, and why it is enforced differently.  Lastly, recent privacy litigation in Europe and the United States will be discussed.