Committee on Internet and Intellectual Property Litigation

The mission of the Committee on Internet and Intellectual Property Litigation is to educate Sections members regarding intellectual property ("IP") issues in litigation and illuminate new challenges and possible solutions to issues presented in IP litigation.

As patents, copyrights trademarks and trade secrets - has become an  increasingly important commercial asset, especially in New York, which is home to many IP-intensive businesses, including pharmaceuticals, computers and software, entertainment and advertising, litigation regarding IP issues now involves complex technology, high states, and constantly changing rules.  The Internet has become a major source of IP litigation, providing new causes of action as well as variations on existing causes of action that may or may not be analyzed using pre-Internet precedents.  The Internet also has dramatically changed the way in which litigation is conducted by permitting unprecedented access to, and the instantaneous transmission of, information.  It affects every aspect of litigation, from jurisdiction to discovery to the presentation of evidence.  The Committee serves its members and the Section by looking at these issues and others that arise in IP litigation.

The Internet and Intellectual Property Litigation Committee is co-chaired by Joseph V. DeMarco, DeVore & DeMarco LLP, New York City and Peter J. Pizzi, Connell Foley LLP, New York City

Action Plan for 2013-2104 -- June 30, 2014
1. Panel NSA Surveillance CLE (date TBD)

The panel will take up the subject of the National Security Agency (NSA) surveillance program involving the mining of Internet data flows, metadata and related usage information, addressing:

  • Legal issues posed by PRISM, the collection of information about non-US citizens from Google, Facebook and other large aggregators
  • The Foreign Intelligence Surveillance Court (F.I.S.A.) search warrant process and the nature and scope of information obtained for FISA warrants.
  • Panelists under consideration:
    • Joe DeMarco (moderator)                                                        
    • A member of the federal judiciary                                       
    • An SDNY AUSA familiar with anti-terrorism investigation efforts or prosecutions
    • Law Professor.
  • Timing: Fall 2013  
2.      Litigator articles:
  • Representing Victims Of Online Pornographic Postings, by Russell Bogart (publication expected October 2013)
  • The Litigation Battles Over The Streaming of Broadcast Television: American Broadcasting Companies, Inc. v. Aereo, Inc. and Fox Television Stations, Inc. v. BarryDriller Content Systems, PLC. (submitted 7/28/2013)
3.      White Papers:
  • Study on the admissibility of electronic evidence in state courts:  This paper will examine the current state of the law as it relates to electronic evidence ranging from computer log files to Internet web pages.  It will explore how courts address authentication, hearsay and business records issues, and will propose reforms where doctrinal confusion is identified.  [Multiple Committees are interested in having a role in this project, including the E-Discovery and CPLR Committee.]

Join the Committee

Committee Roster