Emmanuel Coffy Lawyers, want to be a Justia Connect Pro too? Learn more ›

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"

Intellectual Property

Patents

Patent Appeals, Patent Litigation, Patent Prosecution

Trademarks

Trademark Litigation, Trademark Registration

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New Jersey

Since 2006

United States Patent & Trademark Office (USPTO)

ID Number: 63,615

Since 2008

2nd Circuit

Since 2016

General Counsel

Mobilize, LLC

2022 - Current

Perform the duties incumbent upon a general counsel. Establish the company's Intellectual Property (IP). Draft the company's IP strategy. Oversee the company's patent prosecution.

COFFYLAW, LLC Intellectual Property & Business Law Attorneys

2013 - Current

Perform the duties incumbent upon the manager of the firm. Additional duties include 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; 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.

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

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

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

Q. Is it legal to sell a product that has already been made? Even though I’d be making it myself but changing the name

August 28, 2023

A: Here are some general points to consider based on your description:

Trademark vs. Copyright vs. Patent:

Trademark protects brand names, logos, and other brand identifiers from being used by others. It doesn't protect the idea or concept itself.

Copyright protects original works of authorship, such as literature, music, and graphic designs. It doesn't protect functional aspects of a design.

Patent protects new inventions or discoveries. If the way the dog bandana with a scrunchie back functions is patented, then you may not be able to make and sell that item without infringing on that patent.

Product Concepts:

Generally, you can legally sell products that are similar to others as long as you aren't infringing on any trademarks, copyrights, or patents.

Creating a product inspired by another product is typically legal as long as you aren't copying specific copyrighted designs or violating any patents. Additionally, your branding and naming should be distinct to avoid any trademark issues.

If the idea of the scrunchie back or the matching scrunchies is patented, it might be problematic to recreate and sell them.

Potential Issues:

If you use the same or a confusingly similar name, logo, or branding to another company, you might face trademark infringement claims.

If the specific designs or patterns on the bandanas are copied, you might face copyright infringement claims, even if you change the name.

Legally Acceptable:

It would generally be legal to sell a product that is similar or inspired by another product, but the specifics matter. The key is ensuring that you aren't infringing on trademarks, copyrights, or patents.

Creating your products with original designs, names, and logos can help avoid potential legal issues. Also, ensure that the functional aspects (e.g., the scrunchie mechanism) aren't patented or proprietary to the original creator.

Steps to Take:

Research: Before starting, conduct thorough research to see if there are any patents related to the dog bandanas with scrunchie backs or matching scrunchies.

Consultation: It's advisable to consult with an Intellectual Property (IP) Attorney to provide guidance specific to your situation and help ensure you aren't inadvertently infringing on another company's rights.

Brand Differentiation: Ensure your branding, naming, and logo are unique to avoid any potential trademark issues.

In summary, while selling products inspired by others can be legally acceptable, it's essential to ensure that you're not infringing on any Intellectual Property rights (IP). An Attorney can provide more precise guidance tailored to your specific situation.

Practical Steps:

Hire an Attorney: The above points are NOT legal advice nor do they create an Attorney-client relationship. If you haven't already, it's critical to hire an Attorney who specializes in IP law to guide you through this process. They can provide specific advice tailored to your situation. ... Read More

Q. I am seeking per to mission to use a statement on a Vera Neumann table runner to have the image printed on a single

August 25, 2023

A: If you're seeking to use a copyrighted design from a Vera Neumann table runner in your art quilts, there are several aspects you'll need to consider. Here's a comprehensive response and guideline on how to proceed:

Copyright Considerations:

Vera Neumann's designs are copyrighted and using them without permission would likely be considered copyright infringement.

Copyright law generally protects original works of authorship, including graphics, designs, and other forms of artwork.

Fair Use:

Fair use is a legal doctrine that permits limited use of copyrighted material without acquiring permission from the copyright holder. Factors include the purpose of use, nature of the copyrighted work, the amount used relative to the copyrighted work as a whole, and the effect on the copyrighted work's potential market.

It's uncertain whether creating art quilts from copyrighted housewares would qualify as fair use, especially if the quilts are sold commercially.

Seeking Permission:

Before using the Vera Neumann design, you should reach out to the copyright holder (or their licensing agent) for permission. This might involve paying a licensing fee.

When contacting them, be clear and specific about how you intend to use the design, how many quilts you plan to produce, whether they're for personal use or for sale, and any other relevant details.

Alternative Options:

If permission is denied, consider creating a design inspired by Vera Neumann's work but different enough to avoid copyright infringement.

Collaborate with an artist to create an original design for your quilts.

Practical Steps:

Hire an Attorney: This is not legal advice nor does it create an Attorney-client relationship. If you haven't already, it's critical to hire an attorney who specializes in copyright law to guide you through this process. They can provide specific advice tailored to your situation and represent you in court. ... Read More

Q. copyright infringement / examiner oversight

August 22, 2023

A: Based on your description, you seem to be suggesting that there was a potential error made by the Copyright Office in registering a work that was previously indicated to be ineligible for copyright. Here are some general points to consider:

Validity of the Copyright: Copyright registrations are presumed valid once granted. The party challenging the validity of the copyright usually has the burden of proving that the registration should not have been granted.

Examiner's Letter as Evidence: The detailed letter from the examiner could potentially be useful evidence if it indicates reasons why the work should not be copyrighted. This letter could suggest that the work was seen as not original, generic, or based on the public domain by the Copyright Office at one point in time.

Limitations and Statute of Limitations: Be aware that there may be time limits (statute of limitations) for challenging copyright registrations. Depending on when the alleged infringement occurred, or when you became aware of the registration, there might be limitations to your ability to challenge it.

Copyright Office Errors: If a mistake was indeed made by the Copyright Office, it's possible to challenge the validity of the copyright registration. However, the process for doing so would likely involve litigation in federal court.

Possible Defenses: Even if you cannot successfully challenge the validity of the copyright, you might have other defenses available to you in a copyright infringement lawsuit. For example:

Fair Use: A defense that allows limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

Innocent Infringement: This could potentially reduce damages if you can prove you were unaware and had no reason to believe that your actions constituted copyright infringement.

Practical Steps:

Hire an Attorney: This is not legal advice nor does it create an Attorney-client relationship. If you haven't already, it's critical to hire an attorney who specializes in copyright law to guide you through this process. They can provide specific advice tailored to your situation and represent you in court.

Reexamination of the Copyright: With your attorney's guidance, you might be able to petition for a reexamination of the copyright registration based on the evidence you've gathered.

Negotiation & Settlement: Many copyright infringement cases are resolved out of court through negotiation and settlement. If you believe the copyright registration is indeed erroneous, this might give you a stronger position in settlement negotiations.

In conclusion, while the examiner's letter may enhance the argument that the copyright was mistakenly approved, it's essential to consult with an attorney to explore all avenues and defenses available to you and to navigate the complexities of copyright law. ... Read More