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Seth D. Greenstein
Washington, D.C. Office

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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, antitrust, patent, trademark, and trade secret cases involving high technology and software products before the federal district courts and courts of appeal, the International Trade Commission, federal agencies, 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.

Notable cases include:

  • American Broadcasting Co. v. Aereo, Inc., 874 F.Supp.2d 373 (S.D.N.Y. 2012), aff'd 723 F.3d 500 (2d Cir. 2013), rev'd 134 S.Ct. 896 (2014), represented technology company in copyright infringement suit 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 to exclude positioning technology from global 4G/LTE mobile communications standards;

  • Lexmark Int'l. v. Static Control Components, 697 F.3d 387 (6th Cir. 2012), aff'd 134 S.Ct. 1377 (2014), establishing test for Lanham Act standing for false advertising claim; 387 F.3d 522 (6th Cir. 2004), landmark case addressing the Digital Millennium Copyright Act anticircumvention provisions and copyrightability and commercial fair use of software;

  • 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 violation of automatic stay in bankruptcy law;

  • In re Dynamic Random Access Memories, (US ITC 1987), successfully defending Hitachi, Ltd. against Texas Instruments patent infringement claims.

Mr. Greenstein's practice also 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 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 the December 1996 Diplomatic Conference which resulted in the WIPO Copyright and Performances and Phonograms Treaties, a proposed broadcaster rights treaty against international signal piracy, 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, 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, internet law, and licensing issues.

Selected Presentations

  • Panelist, Copyright & the Internet: What's Going On, ABA Forum on Communications Law (April 6, 2014)

  • Panelist, The Politics of Copyright, D.C. Bar Association Section on Intellectual Property (March 26, 2014)

  • Panelist, Lexmark v. Static Control Components, Inc., Supreme Court series at Washington College of Law (December 3, 2013)

  • Panelist, Importing Copyrighted Works from Abroad in the Shadow of Kirtsaeng v. John Wiley & Sons, Customs Lawyers Association and Women's Bar Association of Washington, D.C. (October 1, 2013)

  • Panelist, Kirtsaeng v. John Wiley & Sons, Law Seminars Int'l (April 9, 2013)

  • Panelist, Bowman v. Monsanto, Inc., Supreme Court series at Washington College of Law (February 19, 2013)

  • Panelist, New Perspectives on the First Sale Doctrine, Copyright Society of the USA Mid-Winter Meeting (February 16, 2013)

  • 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)

  • 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

Selected Publications

  • "Of Textbooks and iPods - Two Courts Look at the First-Sale Doctrine," Bloomberg BNA Patent, Trademark & Copyright Journal (May 10, 2013) (co-authored with Daniel J. Vitelli)

  • "Would You Sell Your Kindle to Sell a Used Book?" Fortune Tech (Dec. 23, 2010)

  • "Copyright in the Age of Distributed Applications," paper presented at the Telecommunications Policy Research Conference, published in Communications Policy in Transition: The Internet and Beyond (MIT Press 2001).



PRACTICE GROUPS

» Antitrust Litigation and Counseling

» Intellectual Property and Technology



ADMISSIONS

Washington DC, Maryland

Supreme Court of the United States

U.S. Court of Appeals for the Second Circuit

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

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 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.
download PDF

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
view webcast


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