ROBERT KOVSKY
LITIGATION WRITING - TECHNOLOGY (including Intellectual Property Issues)

• Federal court defense and counterclaims on behalf of Internet MP3 search engine and MP3 info center MP3Board, Inc., accused by thirteen of the world's largest record companies of contributory copyright infringement; Recording Industry Association of America (RIA) abused notification procedures under Digital Millennium Copyright Act. My appearances and work were in association with the Rothken Law Firm, where many pleadings and briefs are on-line. Available here in the form of Adobe Acrobat .pdf files are briefs I prepared in collaboration with Mr. Rothken: (a) our motion for summary judgment; (b) our opposition to the record companies' motion for summary judgment; and (c) our opposition to the RIAA's motion for summary judgment. (As of this writing, and nearly a year after the submission of the motions in April of 2001, the New York court, located near "ground zero," has yet to issue a ruling.)

• Defense of computer equipment distributor who sold counterfeit peripheral boards - trademark, copyright and patent claims (a preliminary memorandum on damages is available in .pdf form);

• Preparation of briefs in First District Court of Appeal on behalf of Internet company accused of "spam" e-mails - after obtaining Superior Court ruling that California statute violated the dormant Commerce Clause of the United States Constitution (excessive regulation of interstate commerce) (briefs in .pdf Adobe Acrobat format responding to plaintiff and California Attorney General and amicus curiae private interest group);

• Federal court defense and counterclaims on behalf of semiconductor manufacturing equipment refurbisher charged with copyright infringement by original equipment manufacturer;

• Ongoing litigation on behalf of telecommunications installation subcontractor fired from multi-million dollar fiber-optic project;

• Trade secrets actions on behalf of established personal computer parts distributors and networking companies against former employees using stolen customer lists and information;

• Numerous domain name disputes in various contexts; and

• Unfair Business Practices action on behalf of consumer ("Haines") against Visa and MasterCard for facilitation of Internet gambling in violation of California public policy (appearances and work in association with the Rothken Law Firm, many pleadings and briefs on-line).

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