Rachel Cohen is a partner in the Washington, D.C. and New York offices of Latham & Watkins and a member of the Intellectual Property Litigation Practice.
Ms. Cohen advises clients on intellectual property litigation and has represented clients in patent disputes across a range of technologies, including medical devices, pharmaceuticals, biotechnology, semiconductor manufacturing, power conversion, automotive parts, crossbows, multimedia, mobile and web applications, and social networking. She has represented clients in trial and appellate matters and has experience with international arbitrations, civil investigations, and general commercial litigation matters.
As a rising first chair, she was chosen to participate in the Federal Circuit Bar Association’s inaugural Mock Argument program presenting oral arguments before Federal Circuit judges and experienced bar leaders. She is also a 2016-2017 Federal Circuit Bar Association Global Fellow, a program which “promotes a higher level of international IP practice among the next generation of leaders in the global legal community.”
In addition to her intellectual property practice, Ms. Cohen dedicates her time to pro bono matters and is an active member of the Federal Circuit Bar Association, the Giles S. Rich American Inn of Court, ChIPs® Advancing Women in Tech, Law, and Policy, and the AU Hillel Board of Directors.
Prior to joining Latham, Ms. Cohen worked at a leading Washington, D.C. law firm where she represented clients on IP litigation matters. Ms. Cohen previously clerked for Judge Sharon Prost at the US Court of Appeals for the Federal Circuit and for Judge Freda L. Wolfson at the US District Court for the District of New Jersey. She also served as a judicial intern for Judge Paul L. Friedman of the United States District Court for the District of Columbia; a law clerk for the Office of the Public Defender in Montgomery County, Maryland; and as a case assistant/intern investigator for the Public Defender Service for the District of Columbia. Ms. Cohen started her career in media affairs and public relations at The White House’s Office of Media Affairs, and has also advised AmLaw 100 law firms, trade associations, entrepreneurs, and charitable organizations.
Ms. Cohen graduated summa cum laude from American University’s School of Public Affairs and University Honors Program, earning her bachelor’s degree in Interdisciplinary Studies: Communications, Legal Institutions, Economics, and Government (CLEG) and Public Communication. She earned her Juris Doctor magna cum laude from American University’s Washington College of Law, where she was elected to the Order of the Coif, and served on both the Journal of Gender, Social Policy & the Law and Criminal Law Brief. Ms. Cohen was selected as the student commencement speaker at both her undergraduate and law school graduations.
Ms. Cohen’s experience includes representing:
- Multinational software company in patent litigation relating to multi-level software encryption, successfully challenging pre-suit damages, defending induced and willful infringement allegations, and eliminating direct infringement damages based on faulty damages model.
- Innovator pharmaceutical company in litigation involving multibillion dollar drug, resulting in a complete win following summary judgment of invalidity.
- Leading online coupon company against competitor both defensively and offensively in a multi-patent lawsuit involving browser extensions, web technology, and affiliate networks.
- Innovator biotechnology company in a patent infringement litigation in the Southern District of New York, successfully moving to dismiss for lack of subject matter jurisdiction. The decision was affirmed on appeal at the US Court of Appeals for the Federal Circuit. The US Supreme Court of the United States denied certiorari.*
- 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.*
- 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.*
- International pharmaceutical company in a multi-defendant Hatch-Waxman patent infringement litigation involving bisphosphonates in the District of New Jersey. The matter settled favorably.*
- Leading online social networking company in a patent infringement battle involving 20 patents in the Northern District of California. The matter settled favorably.*
- 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.*
- Multinational computer software company in a patent litigation relating to encoding of image data into JPEG files in the District of Delaware.*
- Innovative rubber and tire company in a patent infringement litigation involving tire pressure monitoring systems in the Eastern District of Wisconsin. The matter settled favorably.*
- Worldwide smartphone innovator in district court and Federal Circuit litigation involving design and utility patents.*
- Major pharmaceutical company in multiple patent cases and an international arbitration involving biotechnology patents.*
*Matter handled prior to joining Latham & Watkins
- Co-author, “The Halo Effect: Willful Infringement and Enhanced Damages in Light of Halo,” American University Law Review (2020)
- Interviewer, “Keynote Interview of Chief Judge Sharon Prost,” American University Law Review Federal Circuit Symposium (2019)
- Co-author, “Enforcing IP Rights in China: A Road Map for US Companies,” Law360 (2018)
- Co-interviewer, “Keynote Interview of Chief Judge Sharon Prost,” American University Law Review 33rd Annual Federal Circuit Symposium (2018)
- Co-author, “Federalizing Trade Secret Protection: A Close Look at the Ex Parte Seizure Provision,” Corporate Counsel (2016)
- Panelist, “Briefing and Arguing Cases Before the Federal Circuit,” George Washington University (2016)
- Moderator, “Trending IP Topics in 2015: A Table Talk with Chief Judge Sharon Prost and Judge Arthur J. Gajarsa,” American University Law Review (2015)