Seth D. Greenstein

Washington, D.C., Office

T: 202.204.3514
F: 202.204.3501

sgreenstein@constantinecannon.com
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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, and trade secret cases involving technology and software products before the federal district courts and courts of appeal, 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:

  • Lexmark Int’l. v. Static Control Components, 572 U.S. ___ (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;
  • Anerican Broadcasting Co. v. Aereo, Inc., 573 U.S. ___ (2014), 712 F. 3e 676 (2d Cir. 2013), No. 12 Civ. 1543 (AJN) (S.D.N.Y. 2012), 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 9th 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 references include:

  • Panelist, Public Interest Copyright Advocacy and Fair Use Education 1995-2015, American University Washington College of Law (September 17, 2015)
  • Commentary, “For Online Contracts, 9th Circuit Requires Conspicuous Notice Plus ‘Something More’,” Westlaw Journal Computer & Internet (October 23, 2014) authored with David Golden
  • Panelist, Representing Your Local Broadcaster 2014, American Bar Association Forum on Communications Law (April 6, 2014)
  • Panelist, Supreme Court Series: Lexmark v. Static Control,  American University Washington College of Law (December 3, 2013)
  •  “Of Textbooks and iPods – Two Courts Look at the First Sale Doctrine,” BNA Patent, Trademark & Copyright Journal (May 10, 2013) authored with Dan Vitelli
  • Panelist, Aereo, Federal Communications Bar Association Intellectual Property, Video Programming Committees (September 28, 2012)
  • Panelist, Viacom Int’l v. YouTube on the “Safe Harbor” Provision of the DMCA, Law Seminars Int’l (May 21 2012)
  • Panelist, Costco v. Omega, 2011 Supreme Court IP Review, Chicago-Kent College of Law (September 15, 2011)
  • Panelist, Copy Owners v. Copyright Owners: Is the First-Sale Doctrine Dead in the Digital Era?, D.C. Bar Section on Intellectual Property (June 1, 2011)
  • Panelist, DMCA Passe?  The Unintended Consequences of the Digital Millennium Copyright Act Well after the Millennium: Viacom/YouTube and StorageTek Decisions, Federal Communications Bar Association Intellectual Property, Video Programming & Distribution and Broadband Committees (February 24, 2011)
  • Would You Sell Your Kindle to Sell a Used Book?,” Fortune Tech (Dec. 23, 2010)
  • Panelist, Supreme Court Confidential – Costco v. Omega, Washington DC Chapter of the Copyright Society of the USA, George Washington University Law School (November 8, 2010)
  • Panelist, The Digital First Sale Doctrine: Who Owns – or Licenses – Digital Products and Content?, National Association of Record Manufacturers Entertainment Law Conference, New York, New York (September 28, 2010)
  • Panelist, Music In The Cloud: Are Deals Getting More Complex – Again?, National Association of Record Manufacturers Music Law 2010 Conference: Clouds, ISPs and Royalty Challenges, Chicago, Illinois (May 17, 2010)
  • Panelist, Royalties and Rip Offs!, Copyright Society of New York, N.Y. (March 18, 2010)
  • Speaker at Federal Communications Bar Association panel on copyright and content protection issues before the FCC (November 19, 2007)
  • Speaker, Viacom-Google/YouTube Copyright Suit, Stifel Nicolaus Capital Markets Conference Call, (March 22, 2007)
  • Panelist, Copyright Robin Hoods or Ransackers: Will the Future Find Media Distributors to be Merry Men or Merely Thieves?, Villanova Sports and Entertainment Law Journal symposium, Villanova, PA (February 24, 2007)
  • Panelist, Public Symposium on the Proposed WIPO “Webcasting Treaty,” sponsored by The National Academies, Washington, D.C. (February 22, 2006)
  • Presentation, Technological Features of Webcasting, WIPO Informational Meeting on Webcasting, on Geneva, Switzerland (June 23, 2003). Webcast available at http://www.wipo.int/edocs/mdocs/mdocs/en/webc_im_ge_03/webc_im_ge_03_1_rev.html
  • Author, “Copyright in the Age of Distributed Applications,” paper presented at the Telecommunications Policy Research Conference, selected for publication in Communications Policy in Transition: The Internet and Beyond (MIT Press 2001).

Practice Groups

Admissions


    District of Columbia
    Maryland

    Supreme Court of the United States

    U.S. Court of Appeals for the Sixth Circuit

    U.S. Court of Appeals for the Seventh Circuit

    U.S. Court of Appeals for the Ninth Circuit

    U.S. Court of Appeals for the District of Columbia Circuit

    U.S. Court of Appeals for the Federal Circuit

Publications

Microsoft v. Motorola: RAND Obligations Can Limit Infringement Remedies for Standard-Essential Patents The Antitrust Counselor (with David Golden) (September 2015)
Click here to read the article (ABA membership required).


Of Textbooks and iPods - Two Courts Look at the First Sale Doctrine BNA Patent, Trademark & Copyright Journal (with Daniel Vitelli), May 10, 2013
Read the article

Would You Sell Your Kindle to Sell a Used Book? Fortune Tech, Dec. 23, 2010
Read the article

Copyright in the Age of Distributed Applications
Paper presented at the Telecommunications Policy Research Conference, selected for publication in Communications Policy in Transition: The Internet and Beyond
MIT Press, 2001

SPEECHES

April 25, 2016 Seth Greenstein was a panelist in the Supreme Court Series: Kirtsaeng v. John Wiley & Sons, Inc, on April 25, 2016, presented by the Washington College of Law and Federal Circuit Bar Association. Click here for more.
September 17, 2015 Seth Greenstein spoke on "Digital Devices, Software Ownership, and the Law” on a panel presentation at the U.S. Patent and Trademark Office seminar on Copyright, Culture, Art and Science in the Digital Age.
April 9, 2013 Seth Greenstein was a panelist for the April 9 seminar, Kirtsaeng v. John Wiley & Sons, on the copyright first sale doctrine, from Law Seminars International.
February 19, 2013 Seth Greenstein spoke on a panel discussion on Bowman v. Monsanto at the American University - Washington College of Law.
February 15, 2013 Seth Greenstein spoke on the panel "New Perspectives on the First Sale Doctrine" at the Copyright Society of the U.S.A. mid-winter meeting in Austin, Texas.
May 21, 2012 Seth Greenstein was a panelist for Viacom v. YouTube on the "Safe Harbor" Provision of the DMCA Practical Implications of the Second Circuit's Decision, from Law Seminars International.
Sept. 15, 2011 Seth Greenstein was a panelist at the Chicago-Kent Supreme Court IP Review Conference: Costco V. Omega - Copyright first-sale doctrine based on where goods are made and sold. Chicago, Illinois.
Nov. 8, 2010 Seth Greenstein was part of a panel entitled Supreme Court Confidential - Costco V. Omega. Washington DC Chapter of the Copyright Society of the USA. George Washington University Law School, Washington, D.C.
September 28, 2010 Seth Greenstein was a panelist at the National Association of Record Manufacturers Entertainment Law Conference, The Digital First Sale Doctrine: Who Owns - or Licenses - Digital Products and Content? New York, New York.
May 17, 2010 Seth Greenstein was a panelist at the National Association of Record Manufacturers Music Law 2010 Conference: Clouds, ISPs and Royalty Challenges, Music In The Cloud: Are Deals Getting More Complex - Again? Chicago, Illinois.
March 18, 2010 Seth Greenstein participated on a panel entitled Royalties and Rip Offs!. Copyright Society Luncheon Event. Manhattan, New York.
November 19, 2007 Seth Greenstein was part of a panel entitled Copyright Issues at the FCC and the FTC, which discussed copyright matters brought to the attention of federal agencies other than the U.S. Copyright Office. Federal Communications Bar Association, Intellectual Property Practice Committee Brown Bag Lunch. Washington, D.C.
March 22, 2007 Guest speaker on a Stifel Nicolaus Capital Markets Conference Call. Call to discuss Viacom-Google/YouTube Copyright Suit.
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February 24, 2007 "Copyright Robin Hoods or Ransackers: Will the Future Find Media Distributors to be Merry Men or Merely Thieves?" symposium sponsored by the Villanova Sports and Entertainment Law Journal.
February 22, 2006 Panelist at the Public Symposium on the Proposed WIPO "Webcasting Treaty," sponsored by The National Academies, Washington, D.C.
June 23, 2003 Presentation to WIPO Informational Meeting on Webcasting, on "Technological Features of Webcasting," Geneva, Switzerland.
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The London office of Constantine Cannon is a separate and independent limited liability partnership registered in England and Wales (with registered number OC376384) with a registered office at 1 Paternoster Square, London EC4M 7DX. Constantine Cannon LLP in London is authorised and regulated by the Solicitors Regulation Authority. The word "partner" denotes a member of Constantine Cannon LLP, or an employee or consultant with equivalent standing and qualifications. The professional rules applicable to the firm are available at the SRA website at www.sra.org.uk/rules.