Marc Cohn is a first-chair jury trial litigator concentrating his practice on medical device litigation and arbitration, including patent infringement, contract, license, and business tort cases. He has litigated throughout the US and has coordinated multi-district patent enforcement and defense strategies with teams in Germany, UK, Netherlands, and France. With more than 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:
- transcatheter heart valves
- 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.
Experience
- Boston Scientific v. Cook Group. Secured a complete plaintiff’s win for our client Boston Scientific with a US$158 million jury verdict in a patent litigation between competitors in the endoscopy space. The jury found Boston Scientific’s patents valid and infringed, that Cook’s infringement had been willful, and awarded the full amount of damages sought by our client.
- Hologic v. Minerva. For Hologic as plaintiff, obtained summary judgment that the defendant Minerva was liable for patent infringement, a favorable jury verdict on damages, and a complete defense verdict on all counterclaims.
- Boston Scientific v. Nevro. For Boston Scientific, obtained complete defense victory on summary judgment.
- 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.
- [Confidential Claimant] v. GE Healthcare: won defense victory for GE Healthcare against claim for tens of millions of dollars in royalties for magnetic resonance imaging technology.
- 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.
- Manufacturer of miniature electronic amplifiers and pulse-width control systems in defending a series of patent and trade secret suits and arbitrations, and obtained walkaway settlement.
- 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.
Recognition
The Legal 500 U.S.
Patent Litigation: Full Coverage (2018, 2021)
Credentials
Education
- J.D., University of Virginia School of Law, 2000
- B.S., Applied and Engineering Physics, Cornell University, 1997, cum laude
Admissions
- District of Columbia
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Seventh Circuit