Stacey L. Cohen
Stacey L. Cohen represents clients in all aspects of intellectual property litigation, arbitration and counseling with a focus on patent, trade secret and other technology and science-based disputes.

Bio

In addition to litigation, Ms. Cohen’s practice includes counseling on acquiring, evaluating, licensing, enforcing and protecting intellectual property rights and has served as the technical liaison with in-house scientists in consumer class actions.

Ms. Cohen has advised clients in the pharmaceutical, medical device, biotechnology, financial services, consumer electronics, retail, cosmetics, semiconductor, food services equipment and IT industries. Notable accomplishments include:

  • serving as trial counsel in a jury trial involving virtual reality technology before the U.S. District Court for the Northern District of Texas, which resulted in a $500 million verdict against Facebook subsidiary Oculus and its executives for copyright infringement, breach of contract and false designation; 
  • a complete victory in a bet-the-company arbitration involving an IP licensing dispute;
  • representing multiple financial services entities in an industry-wide patent litigation, which resulted in findings of no infringement by all clients;
  • ensuring that a client’s patent enforcement action remained in the original jurisdiction;
  • securing a client’s freedom to operate by proving invalid a competitor’s patent;
  • successfully resolving numerous patent and trade secret disputes through mediation and other alternative dispute resolution processes on favorable terms for clients; and
  • serving as author of an amicus brief submitted to the Supreme Court of the United States on behalf of the American Bar Association, whose proposals were largely adopted by the Supreme Court.

Ms. Cohen is a frequent contributor to publications, including Law360, BNA’s Patent, Trademark & Copyright Journal, Intellectual Property Magazine, Practical Law The Journal and the AIPLA FDA Flash, and has been quoted in publications including Forbes, Law360, the ABA Journal and Intellectual Asset Management Blog concerning recent rulings on patent law. She has presented at the Practising Law Institute IP Monetization seminar and the NYIPLA Patent CLE Seminar, as well as at the International IP ADR Center Program in Seoul, Korea.

Ms. Cohen devotes substantial time to pro bono work for the Innocence Project, including authoring two petitions for writs of certiorari submitted to the Supreme Court of the United States on behalf of a death row inmate. She was named a 2015 Empire State Counsel Honoree by the New York State Bar Association for her pro bono work.

She is a member of the Skadden group recognized by BTI Consulting as one of the top legal advisers general counsel turn to for pharmaceutical work; as one of the top six IP litigation powerhouses in BTI’s Litigation Outlook 2017 report; by Law360 among its 2015 Technology Practice Groups of the Year for courtroom victories in the technology sector; and by The National Law Journal as one of the country’s leading IP practices in its IP Hot List for multiple years.

Ms. Cohen has represented, among others, BlackBerry, Celgene, Endo Pharmaceuticals, Estee Lauder, Goldman Sachs, Hewlett-Packard, Johnson Matthey, J.P. Morgan Chase, Middleby Corporation, Morgan Stanley, Mount Sinai School of Medicine, Viking River Cruises and ZeniMax Media.

Ms. Cohen has served as vice chair of the Biosimilars Subcommittee of the Food and Drug Committee of the American Intellectual Property Law Association, and currently serves as a member of the board of directors for the American Committee of the Weizmann Institute for Science.

Credentials

Education

  • J.D., Harvard Law School, 2003
  • B.S., Massachusetts Institute of Technology, 2000 (Phi Beta Kappa, Order of Omega)

Admissions

  • New York
  • U.S. Supreme Court
  • U.S. District Courts for the Southern and Eastern Districts of New York
  • U.S. District Court for the Eastern District of Michigan
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Patent and Trademark Office

Stacey L. Cohen

Counsel, Intellectual Property Litigation
stacey.cohen@skadden.com