Emmanuel Coffy

Mr. Coffy (www.coffylaw.com) is a registered Patent Attorney and former Patent Examiner. His practice emphasizes patent application preparation, prosecution and enforcement in the electronic arts including Business Methods Patents and Design Patents.

Mr. Coffy has extensive experience in digital technologies, computer networks and information technologies as well as device physics, which includes semiconductor applications. Mr. Coffy co-invented a device called the “Low Friction Apparatus” which currently has a patent application on file with the United States Patent & Trademark Office (USPTO). He also has experience in re-examination, litigation support, patent infringement assessment, patentability opinion letters, cease-and-desist letters, demand letters and due diligence.

Mr. Coffy also advises clients on intellectual property licensing, trademark, trade secret, copyright and related unfair competition/deceptive advertising issues. Mr. Coffy is admitted to practice law in the State of New Jersey, the United States District Court of New Jersey and the United States Patent & Trademark Office (USPTO).

Education J.D., Seton Hall University School of Law, Newark, New Jersey 2003 Ph.D., candidate in Technology Management, Stevens Institute of Technology, 1998-1999 M.S., Electrical Engineering, Florida Institute of Technology, Melbourne, FL 1993 B.S., Electrical Engineering, Bridgeport Engineering Institute, Bridgeport, CT 1986

Publications/Speeches/Presentations “The need for signal claims”, IDEA: The Intellectual Property Law Review, Franklin Pierce Law Center, Vol. 49, by Emmanuel Coffy and Albert DeCady.

Books: "The Value of Your Idea$," which can be found at https://www.trafford.com/Bookstore/BookDetail.aspx?BookId=SKU-001274373 and "Do You Want To Be A Digital Entrepreneur"

Seton Hall University School of Law

J.D. (2003) | Law

1999 - 2003

Stevens Institute of Technology

Ph.D. | Technology Management

1998 - 1999

Florida Institute of Technology

M.S. (1993) | Electrical Engineering

1991 - 1993

Patent Attorney - Patent Witness Expert

COFFYLAW, LLC Intellectual Property & Business Law Attorneys

2013 - Current

Perform the duties incumbent upon the manager of the firm. Additional duties include litigation support, patent expert witness, conduct expert interviews associated with litigation, patent infringement assessment including complaint drafting, claim construction and infringement chart construction, patentability opinion letter, cease-and-desist letter, demand letter, due diligence; Draft and prosecute new utility (including Business Method) and design patent applications, analyze Office Action in view of prior art, draft analysis letter and prepare reply to Office Action based on client’s response and instructions and conduct Examiner’s interview. Draft Appeal Briefs. Negotiate IP terms of agreement with marketing vendors in the context of a patent’s monetization.

Patterson & Sheridan/Wall & Tong, LLP

2008 - 2013

Draft and prosecute new utility and design patent applications, analyze Office Action in view of prior art, draft analysis letter and prepare reply to Office Action based on client’s response and instructions. Draft appeal briefs. Lead major Reexam action. Counsel new clients in obtaining patents/trademarks to protect their innovations. Area of concentration include wireless communications network, Internet Protocol (IP) networks, Optical Transport Networks (OTN).

Cozen O’Connor,

2008 - 2008

Duties included litigation support, conduct expert interviews associated with litigation, patent infringement assessment including complaint drafting, claim construction and infringement chart construction, patentability opinion letter, cease-and-desist letter, demand letter, due diligence; Drafted and prosecuted new utility (including Business Method) and design patent applications, analyzed Office Action in view of prior art, drafted analysis letter and prepared reply to Office Action based on client’s response and instructions. Drafted Appeal Briefs.

Cozen O’Connor,

2008 - 2008

Duties included litigation support, conduct expert interviews associated with litigation, patent infringement assessment including complaint drafting, claim construction and infringement chart construction, patentability opinion letter, cease-and-desist letter, demand letter, due diligence; Drafted and prosecuted new utility (including Business Method) and design patent applications, analyzed Office Action in view of prior art, drafted analysis letter and prepared reply to Office Action based on client’s response and instructions. Drafted Appeal Briefs.

THE FARRELL LAW FIRM, PC

2006 - 2008

Duties included analyze Office Action in view of prior art, draft analysis letter and prepared reply to Office Action based on client’s response and instructions. Prepared and filed new patent applications with USPTO. Drafted appeal briefs.

United States Patent and Trademark Office (USPTO)

2004 - 2006

Successfully completed the USPTO Patent Academy. Examined and prosecuted for allowance patent applications dealing primarily with computer network and Internet in the Computer Networks Technology Center (TC 2157). Conducted interviews with practitioners and prepared response to amendments and appeals. Received performance award and recognized for quality examination practice.

United States Patent and Trademark Office (USPTO)

2004 - 2006

Successfully completed the USPTO Patent Academy. Examined and prosecuted for allowance patent applications dealing primarily with computer network and Internet in the Computer Networks Technology Center (TC 2157). Conducted interviews with practitioners and prepared response to amendments and appeals. Received performance award and recognized for quality examination practice.

Co-author of the book "Do You Want To Be A Digital Entrepreneur? What You Need To Know To Start And Protect Your Digital Based Knowledge Business"

Trafford Publishing Company

November 3, 2021

Co-author of the Book "The Value of Your Idea$"

Trafford

September 18, 2020

The Need for Signal Claims

IDEA: The Intellectual Property Law Review

October 1, 2008

IP Breakfast, Podcast, https://anchor.fm/albert-decady/episodes/IP-Breakfast--A-look-at-the-disparity-in-IP-with-Attorneys-A--Whittington--A--Decady-and-E--Coffy-ei86f1

Registered Patent Attorney

United States Patent and Trademark Office (USPTO)

2008

The Best Presenter Award

HABNET

2011

New York City Council Citation

New York City Council-Member Jumaane D. Williams

2011

New York City Council Citation

New York City Council Member Matthieu Eugene

2011

Congressional Certificate of Special Recognition

Honorable Congressperson Yvette Clark

2011

Academy of Court Appointed Neutrals (ACAN)

Member

2023 - Current

American Intellectual Property Law Association

Member

2020 - Current

American Bar Association  # 00820965

Member

2003 - Current

New Jersey

Since 2006

United States Patent & Trademark Office (USPTO)

ID Number: 63,615

Since 2008

2nd Circuit

Since 2016

• Contingent Fees

• Copyright Infringement
• Civil Litigation/Expert Witness
• Rights of Publicity (ROP)

Q. Can I make a parody of the oompaa loompa song without licensing?

March 5, 2024

A: Yes, creating a parody of the "Oompa Loompa" song from "Willy Wonka & the Chocolate Factory" may not require licensing under U.S. copyright law, thanks to the doctrine of fair use. Fair use allows for the use of copyrighted material without permission from the copyright holder under certain conditions, including for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Parody, in particular, is often protected because it can be considered a form of commentary or criticism.

However, for a work to be considered a protected parody under fair use, it must meet several criteria:

1. Purpose and Character of the Use: The parody must provide some commentary or criticism of the original work, adding new expression, meaning, or message.

2. Nature of the Copyrighted Work: Considerations include how creative the original work is and if it is published or unpublished.

3. Amount and Substantiality of the Portion Used: The parody should use no more of the original work than is necessary for the parody to be recognized and make its point.

4. Effect on the Market: The parody should not act as a substitute for the original work or significantly harm its market.

While parodies are often deemed fair use, this is not a blanket exemption, and the specific details of your parody (how it's made, distributed, and the content itself) can influence this determination. It is advisable to consult with a legal expert specializing in copyright law to analyze your specific situation and ensure that your parody sufficiently qualifies as fair use, thereby avoiding potential legal issues. ... Read More

Q. I am a lyricist. ASCAP and BMI only protect performances of completed compositions. What entities protect lyricists?

February 26, 2024

A: Protecting your work as a lyricist is crucial to ensuring you retain control over your creations and are compensated appropriately for its use. While ASCAP (American Society of Composers, Authors and Publishers) and BMI (Broadcast Music, Inc.) are performance rights organizations (PROs) that collect and distribute performance royalties for compositions, copyright registration provides the legal foundation for protecting the original works of lyricists. Here are some additional protection measures:

1. Proper Documentation:

Keep detailed records of your work, including drafts and dates of creation. This documentation can be crucial in disputes over originality and ownership.

2. Consider Other Intellectual Property Protections:

a. Trademarks: If you use a distinctive name or logo to identify your work as a lyricist, consider registering it as a trademark.

b. Trade Secrets: While not directly applicable to lyrics, however, keeping certain aspects of your work process confidential can protect your competitive edge.

3. Work with PROs (performance rights organizations):

While ASCAP, BMI, and other PROs like SESAC primarily deal with performance rights, being a member can offer benefits, including access to workshops, networking opportunities, and advocacy. They can also advise on additional ways to protect and monetize your work.

4. Legal Agreements:

When collaborating with others, ensure that agreements clearly outline the ownership of the resulting work, including lyrics. This may involve contracts specifying rights, royalties, and credits.

5. Digital Rights Management (DRM):

For lyricists who distribute their work digitally, consider using DRM tools to prevent unauthorized copying and distribution of your digital files.

6. Consult with an Intellectual Property Attorney:

An attorney specializing in intellectual property can provide advice tailored to your specific situation, help with registration, and assist in enforcing your rights.

Conclusion

Protecting your lyrics requires a combination of copyright registration, diligent record-keeping, and possibly other intellectual property protections. By taking these steps, you ensure that your rights are safeguarded, allowing you to control how your work is used and to seek recourse in the event of infringement. Engaging with the services of a professional, whether through a PRO for performance rights or an attorney for legal advice, can provide additional layers of protection and peace of mind.

: ... Read More

Q. A university copied a course that I made and offering online to hundreds of students. How do I sue for copyright breach?

February 18, 2024

A: Suing for copyright infringement involves several steps and considerations, especially in the context of academic work and the agreements that might exist between faculty members and their institutions. Before proceeding, it's crucial to understand the specific circumstances of your case, including any agreements you might have signed with the university regarding intellectual property (IP) rights. Here's a general guide on how to proceed with a lawsuit for copyright infringement in an academic setting:

1. Review Your Contract and University Policies:

a. Contractual Agreements: Determine if there are any contractual agreements or policies you agreed to upon employment or at any point during your tenure regarding course materials and intellectual property. Universities often have policies stating that work created as part of employment may be owned by the institution.

b. IP Policies: Review the university's intellectual property policies to understand how they apply to course materials. These policies can vary significantly between institutions and may affect your rights.

2. Document Your Work:

a. Evidence of Originality: Gather all relevant materials that prove you are the original creator of the course content. This includes syllabi, lecture notes, assignments, emails, and any other documentation related to the development and growth of the course.

b. Comparative Analysis: Prepare a side-by-side comparison of your course materials and the online course offered by the university to highlight the similarities that might constitute copyright infringement.

3. Seek Legal Counsel:

a. Specialization in Copyright Law: Consult with an attorney specializing in copyright law, preferably one with experience in academia or educational copyright issues. They can provide specific advice tailored to the nuances of your situation.

b. Initial Assessment: An attorney can help assess the strength of your case, including any potential challenges based on university policies or previous agreements you may have signed.

4. Formal Complaint:

a. Cease and Desist Letter: Your attorney might first suggest sending a cease and desist letter to the university. This letter demands that the university stop using your copyrighted material without your permission.

b. Negotiation: Sometimes, the issue can be resolved through negotiation without going to court. Your lawyer can negotiate on your behalf to reach a settlement that might include financial compensation or a licensing agreement allowing the university to use your course content legally.

Given the complexities and potential nuances of copyright law as it pertains to academic work, it's crucial to have professional legal advice tailored to your specific circumstances. This process can be lengthy and complex, requiring a detailed understanding of both copyright law and the specifics of your situation. ... Read More