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JerryCohen

Of Counsel

"I represent clients empathetically, ethically, cost-effectively, and efficiently and apply over 50 years of legal and business experience, pro bono activities, and teaching and mentoring."

Overview

Biography

Jerry has more than 50 years of experience handling matters that involve patents, copyrights, trademarks, trade secrets, unfair competition, antitrust and IP misuse, licensing and franchising, visual arts, software, databases and publication law, formation and operation of business enterprises and not-for-profit organizations, international trade (including export, import, investment, CFIUS, and IP rights), litigation and alternate dispute resolution, and legal ethics. He manages the acquisition, licensing, and litigation of intellectual property rights. He has also served as an expert witness, arbitrator, and mediator in intellectual property matters.

Jerry has had a long-term practice in IP and corporate development for new enterprises. He also provides service as a mediator and arbitrator with the American Arbitration Association and Judicial Arbitration and Mediation Services (JAMS), Inc.

Bar Associations

  • American Bar Association, Litigation Sections, Franchising Forum
  • Boston Bar Association, International Law Section, Former Chair; Business Law Section, Ethics Committee
  • Massachusetts Bar Association, Business Law Section, Former Chair
  • Rhode Island Bar Association

Selected Memberships & Affiliations

  • American Intellectual Property Law Association
  • Copyright Society
  • International Trademark Association
  • ITC Trial Lawyers Association
  • Boston IP Law Association, Former President
  • Massachusetts Board of Bar Overseers, Former Member
Experience

Representative Experience

  • Represented detainees at Guantanamo Bay Naval Station and habeas corpus cases.
  • Led several major IP case arbitrations in diverse technology areas.
  • Provided expert witness testimony in Cyprus regarding Massachusetts and US law.
  • Provided counsel on IP aspects of M&A transactions for acquiring companies and targets.

Prior Experience

  • Burns & Levinson LLP, Partner
  • Perkins, Smith & Cohen, LLC, Partner
  • Roger Williams University School of Law, Adjunct Professor
  • UMass Dartmouth Law School, Adjunct Professor

Selected Community Activities

  • Massachusetts Law Review, Former Editor-in-Chief, Board of Editors Member
  • Federal Circuit Bar Journal, Advisory Board Member, Editing Committee for Vetting Submissions, Chair
  • Center for Constitutional Rights, Volunteer Attorney at Guantanamo Bay
  • ACLU, Board Member and Pro Bono Attorney
  • UMass Dartmouth Law School, Justice-Bridge Legal Incubator, Board Member, Mentor, and Advisor
  • Massachusetts Bar Foundation, Former President

Selected Honors

  • The Best Lawyers in America®: Litigation – Intellectual Property, Litigation – Patent, Patent Law, and Trademark Law, 2009–2025
  • Selected to Super Lawyers Massachusetts: Intellectual Property, 2006–2023
  • Massachusetts Bar Association, Access to Justice Pro Bono Publico Award, 2023
  • Massachusetts Continuing Legal Education, New England Scholar-Mentor Award, 2023
  • BPLA, Pro Bono Lifetime Achievement Award, 2021
  • Massachusetts Bar Foundation, Great Friend of Justice Award, 2015
  • Boston Bar Association, Award for Service in Guantanamo Defense, 2006 (service from 2023 to 2014)
  • Client Security Board, William J. Ledoux Award, 2004
Knowledge

Selected Speaking Engagements

  • Law and Forensics Webinar, “License to Code: Navigating the Complexity of Software Patents,” Panelist
  • IPWatchdog Patent Litigation Masters, “Patent Litigation Ethics: Evading Trouble, Avoiding Sanctions, and Staying Ethical,” Panelist
  • American Intellectual Property Law Association Webinar, “Drafting Joint Development Agreements in View of Recent Guidance from the Defend Trade Secrets Act and the International Trade Commission Jurisprudence”
  • American Bar Association’s 20th Annual Spring Conference, “Using ADR to Resolve Intellectual Property Disputes”
  • Federal Circuit Bar Association’s Program, “Potential Effects of the Defend Trade Secrets Act on Section 337 Investigations – Analysis and Predictions,” Panelist

Selected Media

  • IP Watchdog, “Obviousness Evolution: From PHOSITA to THOSITA to AI”
  • Law360, “The Case for Early Mediation or Arbitration in IP Disputes”
  • Thomson Reuters, “International Trade Practice”
  • Thomson Reuters, “Modern Patent Law Precedent”
  • Massachusetts Law Review, "Lawyers Weigh Strength of Copyright Suit Filed Against BigLaw Firm”
  • Bloomberg, Trademark Law and Unfair Competition (Two Editions)
  • Massachusetts Continuing Legal Education, Inc., "IP law for Massachusetts Attorneys," (Three editions), Editor-in-Chief and Contributor; "Ethics for IP Attorneys," (Three Editions)
  • Intellectual Property Practice, “Introduction to Trademark Law,” Editor
  • Bureau of National Affairs, “Trademarks and Related Unfair Competition Law (no. 18-5th),” Fifth Edition
  • PATNEWS Newsletter, “A Patent Lawyer at Guantanamo Bay”

Featured Media

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Second Department: Objective Evidence Required to Establish Trivial Defect Defense

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Second Department: Defendants Are Entitled to Collateral Source Hearing for "To-Be Obtained" Insurance Coverage Under the ACA

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