Eric C. Cohen
Counsel

Deeply experienced and highly respected by peers and his clients, Eric C. Cohen is an accomplished patent, trademark and copyright attorney who focuses on litigation.

For more than 35 years, Cohen has argued patent, trademark, and copyright infringement cases and invalidity actions, in the federal courts and before the U.S. International Trade Commission and the United States Patent and Trademark Office's Patent Trial and Appeal Board (PTAB). He represents clients with innovations in the telecommunications, electronics, computer software, chemical, and pharmaceutical industries.

Cohen has represented trademark and copyright owners in cases involving claims of product counterfeiting, and obtained a significant number of ex parte orders directing federal marshals to seize counterfeit goods and documents evidencing their manufacture and sale. He is also experienced with complex copyright cases relating to the scope of protection of software.

Notably, Cohen won one of the first inter partes review proceedings before the PTAB, which found that all of the disputed claims related to a zoomable web browser for smartphones were unpatentable. Cohen argued the appeal and obtained a per curiam affirmance by the Federal Circuit the day after the argument.

An active member of the intellectual property legal community, Cohen lectures and writes frequently. He has presented at the Federal Circuit Bar Association, where he is on the Board of Directors, at the Intellectual Property Owners Association, and at the Practicing Law Institute, among others. He is consistently recognized in client and peer rankings, including the Leading Lawyers Network, Illinois Super Lawyers, and Managing Intellectual Property's IP Stars. 

Education
  • J.D., cum laude
    University of Miami School of Law
  • B.S., Physics
    Case Western Reserve University
Bar Admissions
  • U.S. Court of Appeals, 7th Circuit
  • U.S. Court of Appeals, Fed. Cir.
  • U.S. Dist. Court, N.D. Illinois
  • U.S. Dist. Court, N.D. Illinois, Trial Bar
  • U.S. Patent & Trademark Office
Forward Thinking
in the media
November 17, 2016
On November 17, 2016, Eric Cohen was mentioned in Attorney at Law magazine regarding his participation as a Moderator during a Federal Circuit Bar Association webinar. Please visit here to read more.
alert
October 11, 2016

On October 7, 2016, the en banc Federal Circuit reversed a panel decision issued earlier this year and reinstated...

in the media
May 13, 2016
On May 13, 2016, Brinks attorneys, Laura Lydigsen and Eric Cohen, were mentioned in the Chicago Daily Law Bulletin for their participation in the Federal Circuit Bar Association's Patent Litigation Event. Click here to read more.
in the media
February 03, 2016

On February 3, 2015 Eric Cohen and Peter Lee were mentioned in Chicago Lawyer. ...

Presentations
  • "New Rules of Civil Procedure: Patent Litigation Best Practices," Panelist, IPO Webinar, IP Chat Channel,November 3, 2015
  • "Best Practices in Patent Cases in View of Amendments to the Rules of Civil Procedure, Recent Supreme Court Authority, and Proposed Patent Reform Legislation," Panelist, IPO Annual Meeting, Chicago, Illinois, September 28, 2015
  • "What’s the Evidence: Will Fee-Shifting Help or Hurt Effective Patent Litigation?," Speaker, NYU Law School, New York, New York,March 2, 2015
  • "Have the Supreme Court's Octane and Highmark Decisions Obviated The Need For Legislative Changes to Section 285?," Moderator, Federal Circuit Bar Association Webinar, January 15, 2015
  • "The Impact of Amendments to the Federal Rules of Civil Procedure on Discovery in Patent Infringement Cases," Moderator, Federal Circuit Bar Association Webinar, November 7, 2014
  • "Hot Issues in Damages Litigation: The Entire Market Value Rule, Apportionment and More," Panelist, 16th Annual Bench & Bar Conference, Federal Circuit Bar Association,  Asheville, North Carolina, June 20, 2014
  • "Octane and Highmark – Do the Supreme Court's Decisions Obviate the Need for Legislative Changes to Section 285?," Moderator, Federal Circuit Bar Association Webinar, May 8, 2014
  • "Proposed Changes in Discovery Rules," Speaker, Federal Circuit Bar Association Webinar, March 27, 2014 
  • "Would Heightened Pleading Requirements for Patent Infringement Cases Reduce Costs?,"  Moderator, Federal Circuit Bar Association Webinar, February 21, 2014
  • "Motions for Joinder," ,Speaker, Bloomberg BNA AIA Post-Grant Patent Practice Conference, Arlington, VA, February 20, 2014
  • "Are Patent Assertion Entities Responsible for the Rise in Patent Suits?," Moderator, Federal Circuit Bar Association Webinar, February 6, 2014
  • "Legal Issues Surrounding Genetic Information Research and Development – Pharmaceutical Issues and Biotechnology; IP Licensing; and Antitrust & Competition Committees," Intellectual Property Owners Association Annual Meeting, Los Angeles, California, September 12, 2011
  • "The Impact of Post-KSR Court Decisions and PTO Guidelines on Obviousness Issues," IPO, Speaker Washington, DC, November 9, 2007
Representative Matters

Representative Matters

  • SoftView LLC v. Kyocera Corp., 2015 WL 509660 (Fed. Cir. 2015).  Argued appeal for one of the appellees. Per curium affirmance of PTAB decision holding all challenged claims of patent directed to zoomable web browser for smartphones unpatentable. 
  • Nazomi Comm., Inc. v. Microsoft Mobile Oy, 2014 WL 6678247 (Fed. Cir. 2014).  Argued appeal for all appellees with respect to non-infringement of a patent directed to speeding up processing of Java programs. Court of Appeals affirmed district court’s decision granting summary judgment by Android smartphone manufacturers of non-infringement. 
  • Warner Chilcott Co., LLC v. Teva Pharms. USA, Inc., 2014 WL 6435042 (Fed. Cir. 2014).  Represented one of the appellees in appeal of district court’s decision granting summary judgment that asserted patent claims of method of treatment for osteoporosis were invalid.  
  • Apotex Inc. v. UCB, Inc., 763 F.3d 1354 (Fed. Cir. 2014).  Very small contribution to brief in support of appellant on appeal from trial court decision finding appellant had committed inequitable conduct.  Federal Circuit affirmed finding of inequitable conduct. 
  • Sanofi-Aventis v. Apotex Inc., 659 F.3d 1171 (Fed. Cir. 2011).  Represented appellant in appeal from district court decision awarding $107,930,857 in pre-judgment interest in patent infringement case. Federal Circuit reversed, finding in favor of our client that settlement agreement precluded award of pre-judgment interest. 
  • Lucky Litter LLC v. International Trade Commission, 2010 WL 3937587 (Fed. Cir. 2010).  Argued for appellant in appeal of case involving automatic cat litter box from ITC finding that one patent claim was infringed.  Court reversed ITC and held the patent claim invalid.
  • Sinorgchem Co. Shandong v. International Trade Commission, 511 F.3d 1132 (Fed. Cir. 2008). Contributed to brief of appellee in appeal from ITC decision finding asserted patent for chemical process valid and infringed.  Court reversed ITC’s claim construction and finding of infringement.
  • Itofca, Inc. v. MegaTrans Logistics, Inc., 322 F.3d 928 (7th Cir. 2003). Represented appellant in copyright infringement action.  Seventh Circuit affirmed district court’s finding that prior bankruptcy proceeding authorized appellee to use and modify software, precluding claim of infringement. 
  • Bayer AG v. Biovail Corp., 279 F.3d 1340 (Fed. Cir. 2002).  Represented appellee in appeal from decision granting summary judgment based on collateral estoppel from a previous decision.  The Court reversed, finding that previous decision did not estop plaintiff because the district court did not address claim construction issue in prior case. 
  • Biovail Corp. Int’l v. Andrx Pharms., Inc.¸ 239 F.3d 1297 (Fed. Cir. 2001).  Argued appeal for appellant from district court decision finding that patent claims were not infringed.  Court affirmed. 
  • Itofca, Inc. v. Megatrans Logistics, Inc., 235 F.3d 360 (7th Cir. 2000).  Argued appeal for appellant in copyright infringement case.  Seventh Circuit dismissed appeal for lack of jurisdiction because of pending state law counterclaim.
  • Mitel, Inc. v. Iqtel, Inc., 124 F.3d 1366 (10th Cir. 1997).  Argued appeal for appellant from denial of preliminary injunction in copyright infringement case involving computer program.  The 10th Circuit affirmed.
  • Roboserve, Inc. v. Kato Kagaku Co., Ltd., 121 F.3d 1027 (7th Cir. 1997).  Represented appellee in appeal from jury verdict for plaintiff in breach of contract case.  Court reduced damages on appeal.
  • Cardtoons, L.C. v. Major League Baseball Players Ass'n, 95 F.3d 959 (10th Cir. 1996).  Co-counsel for Cardtoons in case in which court held that set of parody cards did not violate major league baseball player’s right of publicity.
  • Hard Rock Café Licensing Corp. v. Concession Services, Inc., 955 F.2d 1143 (7th Cir. 1992).  Argued appeal for Appellee in trademark infringement case.  Trial court’s decision vacated and remanded for further fact findings, but appeal established the principle that a flea market could be liable for the sale of counterfeit goods by its vendors. 
  • General Electric Company v. Speicher, 877 F.2d 531 (7th Cir. 1989).  Argued appeal for appellant in trademark infringement case.  Court reversed, holding that the appellee had sold counterfeit GE products. 
  • Mattel, Inc. v. Azrak-Hamway, 724 F.2d 357 (2d Cir. 1983).  Represented appellant in appeal from denial of preliminary injunction in copyright case involving male action figures.  Court affirmed. 
  • Midway Mfg. Co. v. Artic Int’l, Inc., 704 F2d 1009 (7th Cir. 1983).  Argued for appellee in copyright infringement case.  Court affirmed grant of preliminary injunction against importer of circuit boards for video games. 

District Court Cases

  • Secure Axcess LLC v. Trustmark National Bank, 6:13-cv-788 (E. D. Texas).  Lead trial counsel for one of 17 bank defendants in patent infringement case.  Argued motion to stay pending covered business method review for all defendants.  Case stayed.
  • SoftView LLC v. Kyocera Corp., 10-cv-389, 12-cv-989-LPS, (D. Del.). Lead trial counsel for one of the defendants in patent infringement action involving Android smartphones. Case stayed pending PTAB final written decision of inter partes review.
  • Nazomi Communications, Inc. v. Samsung Telecommunications, Inc. et al., 5:10-cv-5545 (N.D. Cal.).  Lead trial counsel for one of the defendants. Argued claim construction and motions for summary judgment of non-infringement for all defendants accused of infringing patent covering method of processing Java instructions.  Court granted motion.
  • ADC Tech, Inc. v. Kyocera Comm. Inc., 1:12-cv-6418, 1:10-cv-3938 (N.D. Ill.).  Lead trial counsel for defendant. Case stayed pending reexaminations.
  • e.Digital Corp. v. Pentax of America, Inc. et al., 1:09-cv-2578 (D. Col.).  Lead trial counsel for three of 30 defendants in patent infringement action. Argued claim construction on behalf of all defendants.  Case dismissed with prejudice against clients after court entered favorable claim construction order. 
  • Chemtura Corp. v. Albemarle Corp., 3:09-cv-447 (E.D. Va.).  Lead trial counsel for plaintiff in patent infringement case involving chemical process and products.
  • Facilitec USA, Inc. v. Dunnwell, LLC, 1:09-cv-725 (N.D. Ill.).  Lead trial counsel for defendant in patent infringement case involving rooftop grease containment system.
  • Warner Chilcott Co. v. Sun Pharma Global FZE, 1:09-cv-627, 1:09-cv-61 (D. Del.).  Lead trial counsel for one of four defendants in patent infringement case involving method of treating osteoporosis.  Court granted summary judgment of invalidity.
  • Sanofi Aventis v. Sun Pharmaceutical Indus., Ltd., 1:08-md-1941 (D.Del.). Represented one of several defendants in multidistrict litigation involving patent covering extended release formulation for drug to treat prostate disease. 
  • Ware v. Abercrombie & Fitch Stores, Inc. et al., 4:07-cv-122 (N.D. Ga.).  Lead trial counsel for one of the defendants in a patent infringement case involving point of sale system.  Plaintiff voluntarily dismissed the case against our client with prejudice after favorable claim construction ruling. 
  • Linex Tech., Inc. v. BelAir Networks Inc. et al., 2:07-cv-223 (E.D. Tex.).  Lead trial counsel for one of the defendants in the lawsuit. 
  • Applica Consumer Products, Inc. v. Dosckocil Mfg. Co. Inc. et al., 2:07-cv-73 (E.D. Tex.).  Lead trial counsel for one of the defendants in the lawsuit.   
  • Card Activation Tech., Inc. v. Aeropostale, Inc. et al. 1:07-cv-1230 (N.D. Ill.).  Lead trial counsel for one of the defendants in patent infringement case involving point-of-sale system.  Case stayed, then dismissed after patent invalidated in another case. 
  • Suncast Corp. v. Ames True Temper, Inc., 1:06-cv-2578 (N.D. Ill.).  Represented defendant in patent infringement action involving lawn equipment.
  • Korea Kumho Petrochemical Co., Ltd. v. Flexsys America LP et al., No. 06-CV-2535 (C.D. Cal. 2006). Represented defendant in antitrust action. 
  • Flexsys America Inc. v. Kumho Tire U.S.A., Inc. et al. 5:05-cv-156 (N.D. Ohio).  Lead trial counsel for plaintiff in patent infringement case involving chemical process. 
  • Biovail Laboratories, Inc. v. Anchen Pharm., Inc., 8:4-cv-1468 (C.D. Cal.).  Lead trial counsel for plaintiff in patent infringement case involving extended release formulation of anti-depressant drug.
  • Biovail Laboratories v. KV Pharmaceutical Co., 4:03-cv-00541 (E.D. Mo.).  Lead trial counsel for plaintiff in case involving patent on drug formulation. 
  • Biovail Laboratories, Inc. v. Torpharm, Inc., 2-02-cv-07119 (E.D. Pa.).  Lead trial counsel for plaintiff in case involving patent on extended release form of drug to treat heart disease.
  • Biovail Lab Inc v. Apotex Inc, et al., 1:01-cv-09008 (N.D. Ill.).  Lead trial counsel for plaintiff in case involving patent on extended release form of drug to treat heart disease.
  • Novartis Corp., et al v. Biovail Labs, Inc., et al,  3:01-cv-01442 (D.P.R.). Lead trial counsel for defendant in case involving patent on drug.
  • Biovail Laboratories v. Andrx Pharmaceuticals, Inc., 01-cv-06548    (S.D. Fla.). Represented plaintiff in antitrust case involving extended release form of heart treatment drug.
  • 3M Company v. Manufacturera 3M S.A. de C.V., No. 01-8417 (S.D. Fla.). Lead counsel for defendant in trademark infringement action.  
  • Finnsugar v. Monitor Sugar Co., 00-cv-10381 (E.D. Mich.). Lead trial counsel for plaintiff in patent infringement case involving chromatographic separation process. 
  • Bayer AG, et al v. Biovail Corporation, 00-cv-00128 (N.D. Ga.).  Represented defendant in patent infringement case involving extended release form of heart treatment drug. 
  • Starbucks Corp. v. Necta Sweet, Inc., 00-cv-1977 (W.D. Wash.).  Lead trial counsel for defendant in trademark infringement case. 
  • Biovail Corporation, et al v. Andrx Pharmaceuticals, Inc., 98-cv-07096 (S.D. Fla.).  Lead trial counsel for plaintiff in patent infringement case involving extended form of heart treatment drug. 
  • Finnsugar Bioprod. v. Amalgamated Sugar Co, 1:97-cv-08746 (N.D. Ill.). Lead trial counsel for plaintiff in patent infringement case involving chromatographic separation product. 
  • Long-Airdox Co. v. Stamler Corporation, No. 2:97 CV 66 (E.D. Tenn.).  Lead counsel for defendant in patent infringement action involving mining equipment.  
  • John Crane v. Durametallic Corporation, 95-cv-2840 (N.D. Ill.). Represented defendant in patent infringement action. 
  • Implant Innovations v. Nobelpharma AB, No. 93 C 7489 (N.D. Ill.). Represented defendant in plaintiff’s antitrust action and cross claims for patent infringement involving angled abutments for dental implants.  Plaintiff’s antitrust counterclaim dismissed on motion for summary judgment. 1995 U.S. Dist. LEXIS 13804 (N.D. Ill. 1995).  Case settled after claim construction ruling.  1998 U.S. Dist. LEXIS 15794 (N.D. Ill. 1998).
  • Jason, Inc. v. Youhan Electronics, Co. Ltd., No. 95-C-0345 (E.D. Wis.). Lead trial counsel for plaintiff in patent infringement action against Korean manufacturer who was making patented parts for videocassettes. 
  • Louisville Bedding Company v. Perfect Fit Industries, Inc., No. C-94-0244L(S) (W.D. Kentucky, filed April 12, 1994), and Louisville Bedding Company v. Hollander Home Fashions Corp., No. 3:94-CV-0703-D (N.D. Texas, filed April 12, 1994).  Represented plaintiff in patent infringement case. 
  • N. Amer Philips Corp, et al v. Amer. Vending Sales, et al., 1:93-cv-03261 (N.D. Ill.).  Lead trial counsel for one of several defendants in patent infringement action involving video games. 
  • Wallace Computer Servs. v. Adams Business Forms, 837 F. Supp. 1413 (N.D. Ill. 1993). Represented defendant in copyright infringement action. 
  • Hard Rock Cafe v. Hite,  91-cv-101 (D. Hawaii). Lead trial counsel for plaintiff in trademark infringement action.
  • Hard Rock Cafe Licensing Corp. v. Pacific Graphics, 776 F. Supp. 1454 (W.D. Wash. 1991).  Lead trial counsel for plaintiff.  Court granted preliminary injunction motion, rejecting parody defense. 
  • Conan Properties, Inc. v. Mattel, Inc., 712 F. Supp. 353 (S.D.N.Y. 1989), motion for reconsideration granted in part, 1990 US Dist. LEXIS 16481 (1990).  Lead trial counsel for defendant in copyright infringement, breach of contract and fraud case.  Summary judgment granted dismissing all but one claim. Case settled. 
  • General Electric v. R Squared Scan Systems, Inc., 87-cv-249 (M.D.N.C.).  Lead trial counsel for plaintiff in copyright infringement action involving service software for medical equipment against service competitor.  Preliminary injunction granted. 
  • General Electric Company v. Sannet (C.D. Cal. 1984).  Lead trial counsel for GE in trademark counterfeiting case.  Ex parte TRO and seizure order granted.  Summary judgment against defendant granted. 
  • Bally Midway Mfg. Co. v. American Postage Mach., No. 82 C 2700 (E.D. N.Y. 1983). Represented plaintiff in copyright infringement action.  Jury awarded damages against defendant. 
  • Williams Elects. Inc. v. Bally Mfg. Corp., 1983 U.S. Dist. LEXIS 15569 (N.D. Ill. 1983).  Represented defendant in copyright infringement action alleging infringement by defendant’s video game. Court granted summary judgment of non-infringement and motion for attorneys’ fees. 
  • Midway Mfg. Co. v. Strohon, 564 F. Supp. 741 (N.D. Ill. 1983).  Lead counsel for plaintiff. Lanham Act violation involving modified video games. Preliminary injunction granted. 
  • Midway Mfg. Co. v. Artic International, Inc.,  1981 U.S. Dist. LEXIS 16881, 1981 U.S. Dist. LEXIS 13816, 547 F. Supp. 999 (N.D. Ill. 1981).  Lead counsel for plaintiff in copyright infringement action involving computer programs in circuit boards for video games. Defendant’s antitrust defense stricken.  Preliminary injunction for plaintiff. 
  • Midway Mfg. Co. v. Dirkschneider, 543 F. Supp. 466 (D. Neb. 1981).  Represented plaintiff in copyright infringement case involving software for video game.  Preliminary injunction granted. 
  • Cyclonaire Corp. v. United States Systems, Inc., 1980 U.S. Dist. LEXIS 16659 (D. Kan. 1980). Represented plaintiff.  Preliminary injunction in favor of plaintiff. 

U.S. International Trade Commission Investigations

  • Short Wavelength Light Emitting Diodes, Laser Diodes and Products Containing Same,  337-TA-640 (USITC).   In this case, we represented Respondent Sanyo. The case was settled very early on terms extremely favorable to our client. 
  • In the Matter of Self-Cleaning Litter Boxes and Components Thereof, 337-TA-625 (USITC 2007).  Lead counsel for one of the defendants in patent infringement action involving automated litter box.  Obtained holding of non-infringement on all but one asserted claims. Client designed around the only claim found infringed.  Customs did not exclude any products from importation. 
  • In the Matter of Certain Rubber Antidegradants and Components Thereof, 337-TA-533 (USiTC 2005).  Lead counsel for Complainant in patent infringement action involving infringement of claims for chemical process for making rubber antidegradants.  The Commission found infringement and issued a limited exclusion order. 

PTAB Proceedings

  • Bank of the West et al. v. Secure Axcess LLC, CBM2015-00009 (PTAB, filed October 8, 2015).
  • Kyocera Corp. v. SoftView, LLC, IPR2013-00004 (PTAB, March 27, 2014).  PTAB issued final written decision invalidating all asserted claims.
  • Kyocera Corp. v. SoftView, LLC, IPR2013-00007 (PTAB, March 27, 2014).  PTAB issued final written decision invalidating all asserted claims.
Press Releases & Events
February 09, 2017

CHICAGO—Twenty attorneys at intellectual property law firm Brinks Gilson & Lione have been named to the 2017 ...

December 12, 2016

RESEARCH TRIANGLE PARK, N.C.—Intellectual property law firm Brinks Gilson & Lione announced today that Eric C. Cohen has relocated to the firm’s Research Triangle Park, N.C. office, from Chicago.

November 01, 2016

CHICAGO—Eric C. Cohen, an intellectual property litigator at Brinks Gilson & Lione, will moderate the Federal...

May 19, 2016
CHICAGO—For the third year in a row, Managing Intellectual Property magazine (MIP) has designated intellectual property law firm Brinks Gilson & Lione’s Illinois office as Highly Recommended in its annual rankings, and has ranked the ...
April 28, 2016

Chicago - Brinks Gilson & Lione intellectual property litigators Laura A. Lydigsen ...

February 25, 2016

The Brinks Post-Grant Practice Group will conduct the first in a series of webinars on recent ...

February 22, 2016

CHICAGO—Brinks Gilson & Lione, one of the nation’s largest intellectual property law firms, is presenting “Duty of ...

November 02, 2015

CHICAGO—Intellectual property law firm Brinks Gilson & Lione announced today that Eric...

Affiliations
  • Leading Lawyers Network, 2004-2016
  • Illinois Super Lawyers, Intellectual Property Litigation, 2006-2017
  • Managing Intellectual Property’s IP Stars, 2013-16
  • Federal Circuit Bar Association, Board of Directors, 2014 - Present
    Past Co-Chair, Patent Litigation Committee, 2013
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