Seth D. Greenstein

Seth D. Greenstein is a partner in the Washington, D.C. office of Constantine Cannon, whose practice concentrates on intellectual property and antitrust litigation and licensing issues. Seth Greenstein has litigated copyright, patent, trademark, trade secret, and antitrust cases involving technology and software products before the federal district courts and courts of appeal, the Federal Trade Commission, the International Trade Commission, and in arbitrations. He has represented Internet, cable, and satellite digital music services in rate-setting arbitrations before the Copyright Royalty Board and Copyright Arbitration Royalty Panels, and in numerous administrative proceedings before the Copyright Office. His litigation experience also includes numerous cases involving antitrust and unfair competition law, as well as contract and complex business tort issues in federal and state courts.

Notable cases include:

• Apple Inc. v. Corellium, LLC (S.D. Fla.), defending developer of software for security reverse engineering of Apple iOS software in action under Digital Millennium Copyright Act.
• In the Matter of Louisiana Real Estate Appraisers Board, representing state government agency in Federal Trade Commission investigation alleging that enforcement of state statutory obligations in accordance with federal law effectively constitutes price fixing.
• Alliance of Artists and Recording Companies v. General Motors, et al., 306 F. Supp. 3d 422 (D.D.C. 2018), granting summary judgment to manufacturers of vehicle infotainment systems under Audio Home Recording Act of 1992.
• Lexmark Int’l. v. Static Control Components, 572 U.S. 118 (2014), finding indirect competitors have standing under the Lanham Act for false advertising;  387 F.3d 522 (6th Cir. 2004), landmark case addressing the Digital Millennium Copyright Act and copyrightability and commercial fair use of software;
• American Broadcasting Co. v. Aereo, Inc., 573 U.S. ___ (2014), 712 F. 3d 676 (2d Cir. 2013), copyright infringement suit, represent technology company that provides consumer access to remote reception and storage of broadcast television programming.
• TruePosition, Inc. v. LM Ericsson, et al., filed July 20, 2011 (E.D. Pa.), antitrust suit alleging conspiracy and monopolization against major telecommunications suppliers and two standards setting organizations;
• American Trucking Associations v. City of Los Angeles (C.D. Cal. and 9^th Cir. 2009-2011), suit for constitutional violations of the Supremacy Clause against Port of Los Angeles;
• Digital Performance Right in Sound Recordings, represented Digital Music Express Inc. in the first arbitration of performance royalties (1997), represented Yahoo! Inc. in Webcaster I (2002), filed direct cases for XM Satellite Radio (2007);  
• United States v. Baker Hughes, 908 F.2d 981 (D.C. Cir. 1990), defeated antitrust challenge to merger;
•  In re Inslaw, (Bktcy., D.D.C. and D.C. Cir. 1987-89), involving claims that the U.S. Department of Justice converted proprietary elements of client’s database software;
• In re Dynamic Random Access Memories, (US ITC 1987), successfully defending Hitachi, Ltd. against Texas Instruments patent infringement claims.

Mr. Greenstein’s practice includes advice and advocacy on legislative and policy issues relating to intellectual property and high technology products and services. Since the early 1990’s, he has represented the interests of information technology and consumer electronics companies before Congress, and in inter-industry discussions with respect to digital content protection systems for high-value video content. He has represented clients at the Federal Communications Commission concerning the delivery and protection of broadcast, cable and satellite video content, and has advised companies concerning over-the-top video services.  In June 1998, he co-founded and through 2005 served as counsel to the Digital Media Association, a trade association advocating the interests of technology companies involved in the protection and delivery of audio and audio-visual works over the Internet and other digital networks. He testified on their behalf before a House Subcommittee considering the Digital Millennium Copyright Act of 1998. From 1991-2006, he participated in committee meetings of experts of the World Intellectual Property Organization, including toward drafting a broadcaster rights treaty against international signal piracy; the December 1996 Diplomatic Conference which resulted in the WIPO Copyright and Performances and Phonograms Treaties; and, a model copyright law. His experience also includes advising clients concerning the licensing of patents, technology, copyrighted works and trademarks.

Mr. Greenstein is a member of the bars of the District of Columbia and the state of Maryland, and is admitted to practice in the Supreme Court of the United States, and the U.S. Courts of Appeals for the Federal Circuit, Second Circuit, Fourth Circuit, Fifth Circuit, Sixth Circuit, Seventh Circuit, Ninth Circuit, and D.C. Circuit.  Prior to joining Constantine Cannon in 2006, Mr. Greenstein was a partner in the Washington, D.C. office of McDermott, Will & Emery.

Mr. Greenstein is a frequent speaker on issues involving copyright and new technology, and has published articles on copyright, computer law, and licensing issues for numerous publications.  Selected materials are listed below.