Rachel Weiner Cohen

rachel.cohen@lw.com

+1.202.637.1035

rachel.cohen@lw.com

Profile

Rachel Cohen represents leading global technology and life sciences clients in high-stakes intellectual property disputes across the US.

Rachel combines creative problem-solving with a keen ability to distill technical jargon into compelling narrative to advise clients on IP litigation in federal courts and strategic IP counseling. She represents clients in patent and IP misappropriation disputes across a range of technologies, including:

Multimedia, mobile and web applications, and social networking
Medical devices
Pharmaceuticals and biotechnology
Semiconductor manufacturing
Power conversion
Automotive parts
Crossbows

As a rising first chair, she helps clients define their commercial success within the context of trial and appellate matters, leading with pragmatism and efficiency.

Rachel maintains an active pro bono practice, including successfully securing survivor benefits for a client following a decade-long dispute that involved review by the US Court of Appeals for the Federal Circuit.

She is a member of the Federal Circuit Bar Association; the Giles S. Rich American Inn of Court; the advisory counsel for the Program on Information Justice & Intellectual Property (PIJIP) at the American University Washington College of Law; ChIPs® Advancing Women in Tech, Law, and Policy; and the American University Hillel Board of Directors.

Rachel previously developed and led highly successful recruiting initiatives for Latham’s IP Practice, with a particular focus on achieving diversity and robust training programs for associates.

A recognized thought leader, Rachel regularly presents on IP litigation topics, including as a speaker and moderator for the Federal Circuit Symposium.

Rachel clerked for Judge Sharon Prost at the US Court of Appeals for the Federal Circuit and Judge Freda L. Wolfson at the US District Court for the District of New Jersey. Before that, she served as a judicial intern for Judge Paul L. Friedman of the US District Court for the District of Columbia; a law clerk for the Office of the Public Defender in Montgomery County, Maryland; and a case assistant/intern investigator for the Public Defender Service for the District of Columbia.

She began her career in media affairs and public relations at The White House’s Office of Public & Media Affairs and has advised Am Law 100 law firms, trade associations, entrepreneurs, and charitable organizations.

Experience

Rachel's experience includes representing:

Johnson & Johnson Surgical Vision, an internationally renowned vision company, in a multinational patent and copyright case involving ground-breaking cataract laser surgery products
A leading online social networking company, successfully transferring ongoing multi-patent litigation from the Western District of Texas to the Northern District of California and subsequently winning a motion for summary judgment of non-infringement weeks before trial
A multinational software company in patent litigation relating to multilevel software encryption, successfully challenging pre-suit damages, defending induced and willful infringement allegations, and eliminating direct infringement damages based on faulty damages model
Johnson & Johnson in litigation involving a multibillion dollar drug, resulting in a complete win following summary judgment of invalidity
An innovative rubber and tire company, asserting infringement of two patents involving tire pressure monitoring systems in the Southern District of Ohio, securing a favorable settlement within months of filing suit
A leading online coupon company against a competitor, both defensively and offensively, in a multi-patent lawsuit involving browser extensions, web technology, and affiliate networks
A multinational computer software company in a patent litigation in the District of Delaware relating to encoding image data into JPEG files
A biotechnology company in a patent infringement litigation in the Southern District of New York, successfully moving to dismiss for lack of subject matter jurisdiction; affirmed on appeal at the US Court of Appeals for the Federal Circuit and the US Supreme Court of the United States denied certiorari*
A global networking company in a patent infringement litigation involving power converters in the Eastern District of Texas, successfully briefing a motion for summary judgment of noninfringement by certain accused products and pre-trial evidentiary motions leading to a favorable settlement*
An international luxury watchmaker in the Southern District of New York, successfully overcoming a renewed motion for summary judgment of contributory trademark infringement and motions for sanctions based on conduct of prior counsel*
An international pharmaceutical company in securing a favorable settlement in a multi-defendant Hatch-Waxman patent infringement litigation involving bisphosphonates in the District of New Jersey*
A leading online social networking company in favorably settling a patent infringement battle involving 20 patents in the Northern District of California*
A digital imaging and photography company in a patent licensing agent contract dispute in the Middle District of Florida, successfully moving to dismiss unfair and deceptive trade practices and equitable accounting claims*
An innovative rubber and tire company in securing a favorable settlement in a patent infringement litigation involving tire pressure monitoring systems in the Eastern District of Wisconsin*
A worldwide smartphone innovator in district court and Federal Circuit litigation involving design and utility patents*
A major pharmaceutical company in multiple patent cases and an international arbitration involving biotechnology patents*

*Matter handled prior to joining Latham & Watkins

Qualifications

Bar Qualification

District of Columbia
New Jersey
New York

Education

JD, American University Washington College of Law, 2008
magna cum laude, Order of the Coif
BA in Interdisciplinary Studies: CLEG & Public Communication, American University, 2004
summa cum laude