Rachel Weiner Cohen's practice includes both trial-level and appellate litigation in state and federal court. Her focus is intellectual property law and she has represented clients in patent disputes involving a variety of technologies, including pharmaceuticals, biotechnology, semiconductor manufacturing, power conversion, multimedia, mobile and web applications and social networking. Ms. Cohen has represented clients involved in US and international intellectual property disputes, and she has been involved in international arbitrations, civil investigations and general commercial litigation matters.
Ms. Cohen maintains an active pro bono practice, which has included representation of individuals charged with and/or convicted of criminal offenses. While in law school, Ms. Cohen worked as a student attorney for the Criminal Division of DC Law Students in Court, representing indigents in DC Superior Court at arraignments, status and sentencing hearings, and trial.
Ms. Cohen's additional experience includes working as a summer associate at Heller Ehrman, LLP, in Washington DC; a judicial intern for the Honorable 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; a case assistant/intern investigator for the Public Defender Service for the District of Columbia; a consultant for Levick Strategic Communications; an Office of Media Affairs intern for the White House, Executive Office of the President; and teaching constitutional law to Washington DC high school students as a Marshall-Brennan Fellow.
Ms. Cohen is a member of the Federal Circuit Bar Association, the Giles S. Rich American Inn of Court, the American University Alumni Board and the AU Hillel Board of Directors. She was one of 20 individuals selected to participate in the 2016 Federal Circuit Bar Association's Global Fellow Series, a gathering of emerging leaders focused on bridging the gap between patent systems in the United States, Europe and Asia.
Ms. Cohen is admitted to practice in the District of Columbia, the State of New York, and the State of New Jersey, and is admitted before the United States Supreme Court, the United States District Court for the Southern District of New York, the United States District Court for the District of New Jersey, and the United States Court of Appeals for the Federal Circuit. Ms. Cohen is accredited by the Department of Veterans Affairs.
- Successfully moved to dismiss for lack of subject matter jurisdiction patent infringement litigation against innovator biotechnology company in the Southern District of New York. The Federal Circuit affirmed, and the Supreme Court denied certiorari.
- Successfully briefed motion for summary judgment of noninfringement by certain accused products and argued pre-trial evidentiary motions leading to settlement for a global networking company in patent infringement litigation involving power converters in the Eastern District of Texas.
- Took key depositions leading to favorable settlements for an innovator pharmaceutical company in multi-defendant Hatch-Waxman patent infringement litigations involving bisphosphonates in the District of New Jersey.
- Obtained favorable settlement in four months for leading online social networking company after mounting a full-scale patent infringement defense and asserting counterclaims in the Northern District of California.
- Successfully moved to dismiss unfair and deceptive trade practices and equitable accounting claims asserted against digital imaging and photography pioneer in patent licensing agent contract dispute in the Middle District of Florida.
- Successfully briefed motion to intervene in a patent litigation involving JPEG images, permitting licensee to assert breach of contract and equitable claims against non-practicing licensor in the District of Delaware.
- Successfully represented worldwide smartphone innovator in district court and Federal Circuit litigation involving design and utility patents.
- Represented a major pharmaceutical company in multiple patent cases and an international arbitration involving biotechnology patents.
- Analyzed legislation leading to The Leahy-Smith America Invents Act (AIA) and assisted in submitting comments to proposed USPTO rulemaking for a leading trade association.
- Secured release of detainee imprisoned in Guantanamo Bay for more than 11 years.
Honors & Awards
- 2016 Federal Circuit Bar Association Global Fellows Program
- Named Marshall-Brennan Constitutional Literacy Project Alum of the Year in 2010
Insights & News
JD, American University, Washington College of Law, 2008magna cum laude Order of the Coif, Staff Member, Journal of Gender, Social Policy & the Law, Staff Member, Criminal Law Brief, Student Commencement Speaker
BA, Communications, American University, School of Public Affairs, 2004summa cum laude University Honors Program, Student Commencement Speaker for the School of Public Affairs
District of Columbia
United States Supreme Court
The Hon. Sharon Prost, US Court of Appeals for the Federal Circuit, 2009 - 2010
The Hon. Freda L. Wolfson, US District Court for the District of New Jersey, 2008 - 2009