Marc Cohn is counsel in the firm's intellectual property practice group. He concentrates his practice on medical device litigation and arbitration, including patent infringement, contract, license, and business tort cases. He has litigated throughout the US, including in New York, California, Texas, Massachusetts, Delaware, Wisconsin, Minnesota, Illinois, Washington, and Nebraska. With over a decade of experience in medical device practice, Mr. Cohn has become deeply familiar with the unique market dynamics and regulatory schemes affecting medical device manufacturers and distributors, including the role of reimbursement and the Food and Drug Administration in bringing medical devices to market.
Mr. Cohn's medical device experience includes:
- cardiac stents and catheters;
- drug-eluting stents;
- women's health, including oncology treatment catheters, electronic x-ray radiation sources, and diagnostic kits;
- electronic tissue stimulators;
- magnetic resonance imaging;
- medical ultrasound;
- uterine fibroid removal devices;
- laparoscopic stapling devices; and
- polymeric microbeads.
He also has experience in other technologies, including:
- telecommunications equipment and systems;
- portable temperature meters;
- business methods via website portals;
- genomic sequencing reagents;
- consumer products, including diapers; and
- commercial lawn mowers.
Intellectual Property Representative Matters
- Inflow v. Boston Scientific. Won complete defense victory for Boston Scientific against a claim for US$105 million for patent infringement relating to coronary stents.
- [Confidential Claimant] v. Hologic. Defeated arbitration claim, in excess of US$25 million, against Hologic for expansion of royalty base and term under a license agreement relating to diagnostic kits.
- GE Healthcare v. ABI. Won complete plaintiff's victory for GE Healthcare in an arbitration involving the interpretation of a license agreement relating to DNA sequencing reagents and kits. GE was awarded past damages based on an increase in royalty rates for certain products, plus interest, fees, and costs. Total judgment exceeded US$30 million.
- Freedom Wireless, Inc. v. Verizon Wireless. In multi-defendant suit involving patents on telecommunications systems and equipment, represented only victorious defendant.
- In defending a series of patent and trade secret suits and arbitrations, obtained walkaway settlement for manufacturer of miniature electronic amplifiers and pulse-width control systems.
- Boston Scientific v. Cook/Guidant. The court granted Boston Scientific's motion for summary judgment and entered a permanent injunction barring Cook and Guidant from collaborating to exploit licensed technology in the multi-billion dollar drug-eluting stent market.
- Boston Scientific v. Medtronic. Won judgment for Boston Scientific in excess of US$160 million and secured permanent injunction against future infringing sales of coronary stent systems.
- Kimberly-Clark v. Procter & Gamble. Represented Procter & Gamble in the "diaper wars" arbitration in defense of a patent infringement claim against Pampers diapers. The arbitration panel found the patent-at-issue invalid, and the panel's opinion was upheld on appeal.
- Bonzel v. Pfizer, et al. Represented Boston Scientific in Minnesota state and federal cases involving a claim for over US$400 million relating to the interpretation of a patent license agreement. The state and federal courts dismissed the cases for forum non conveniens in favor of a German forum. Affirmed by the Minnesota Court of Appeals and the Federal Circuit Court of Appeals.