Rachel Weiner Cohen

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Biography

Rachel Cohen
Rachel Cohen is a partner in Weil’s nationwide IP, Technology & Science Litigation practice. She is a go-to legal strategist with extensive experience across all aspects of complex litigation, representing leading global technology and life sciences companies in high-stakes intellectual property disputes and trials in courts nationwide.

Rachel combines creative problem-solving with a keen ability to distill and leverage intricate technical and legal issues into persuasive narratives, which drive results in and out of the courtroom. She excels at developing and executing winning strategies for both plaintiffs and defendants across a broad range of IP litigation, including patents, copyrights, and trademarks. Rachel also partners with clients on strategic IP initiatives, helping them align their intellectual property assets with their commercial goals, protect trade secrets and other IP, and strengthen their market positions. Her technological expertise is expansive, encompassing multimedia, mobile and web apps, social networking, medical devices, pharmaceuticals and biotechnology, semiconductor manufacturing, power conversion, automotive parts, vision, photography, software, artificial intelligence, and crossbows.

Notable Experience*

Rachel has a proven record of success in significant IP litigation in all of the major federal court patent venues, as well as international jurisdictions. She has repeatedly won summary judgment motions of non-infringement and/or patent invalidity on the eve of trial, averting trial and the hundreds of millions in potential damages sought by plaintiffs. Rachel has also engineered winning strategies for matters she’s taken over months before trial, including mastering years of litigation records, developing arguments that reduced or eliminated potential liability, and winning mission-critical JMOL rulings, affirmed on appeal, resulting in zero damages. Additionally, Rachel has successfully represented innovative companies in protecting their patents and copyrights, generating hundreds of millions of dollars in revenues to license that IP.

Some of Rachel’s milestone victories include successfully representing:

  • An internationally renowned vision company in a multinational patent and copyright competitor case involving ground-breaking laser eye surgery products. After three years of international litigation and coordination in six different venues, defendant paid innovator client nearly $200 million dollars to settle the parties’ disputes on the eve of trial.
  • A leading online streaming company in a patent infringement dispute in the District of Delaware, successfully moving for summary judgment of patent ineligibility.
  • 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 in the Eastern District of Virginia 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.
  • 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 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 U.S. Court of Appeals for the Federal Circuit affirmed and the U.S. Supreme Court 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 favorable settlements against more than a dozen defendants in a 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.

*Includes matters handled prior to joining Weil

A recognized thought leader, Rachel consistently presents on IP topics, including as a speaker and moderator for the Federal Circuit Symposium, a conference dedicated to legal issues exclusive to the Federal Circuit. In 2025, Rachel was selected to participate in the Lead Counsel Summit, training next generation lead counsel in intellectual property litigation and appeals. Rachel also moderated a panel on protecting AI inventions for the ACI 2025 Women Leaders in IP Law conference. She was named to the list of “Women Worth Watching in STEM” in 2023 by Profiles in Diversity Journal. Rachel is also an alum of the Federal Circuit Bar Association Global Fellows program, studying IP litigation in the U.S. and in Europe, particularly Germany.

Rachel 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; the American University Washington College of Law Dean’s Advisory Council; and the American University Hillel Board of Directors.

She also maintains an active pro bono practice, including obtaining survivor benefits for a client following a decade-long dispute that involved review by the U.S. Court of Appeals for the Federal Circuit.

Prior to joining Weil, Rachel was an IP Litigation & Trial partner at another leading international law firm, where she developed and led highly successful recruiting initiatives for its IP Practice. Before that, she was a member of the IP Practice at another top global law firm.

Rachel clerked for Judge Sharon Prost at the U.S. Court of Appeals for the Federal Circuit and Judge Freda L. Wolfson at the U.S. District Court for the District of New Jersey. Earlier, she served as a judicial intern for Judge Paul L. Friedman of the U.S. 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.

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