Jonathan LA Phillips, Attorney at Law
Illinois IP Attorney

Presentations & Publications

Articles I’ve written and presentations

 Publications

SCOTUS maintains a waiting game for copyright: Resolving a circuit split, SCOTUS requires registration of copyright before suit, Intellectual Property, vol. 58, no. 3, Illinois State Bar Association (April 2019)

This article discusses the Supreme Court’s opinion in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC. There, the Supreme Court resolved a split among the appellate circuits and conclusively required registration of a copyright prior to filing suit.


Recent legislation impacting Illinois solar developments, Energy Utilities, Telecommunications, & Transportation Law, vol. 53, no. 1, Illinois State Bar Association (January 2019).

This article, published by the Illinois State Bar Association, discusses three pieces of legislation impacting solar developments in Illinois.


Will the Northern District of Illinois’ Mandatory Initial Discovery Pilot program end copyright trolling in the District?, Intellectual Property, vol. 57, no. 1, Illinois State Bar Association (Sept. 2017)

The Northern District of Illinois recently adopted a Mandatory Initial Discovery Pilot Program. That program essentially front-loads newly cases. In doing so, the MIDP forces forcing litigants to disclose a far greater amount of information than Federal Rule of Civil Procedure 26 ever did. Given copyright trolls past difficulty in producing evidence of copyright infringement at the outset of cases, and later at summary judgment, will this program end trolling in the Northern District of Illinois?

Note: In the year since this article, the MIDP has not slowed filings in the Northern District of Illinois.


How will the FRCP's amendments affect BitTorrent litigation?, Intellectual Property, vol. 56, no. 2, Illinois State Bar Ass's (Sept. 2016)
The Supreme Court recently amended the Federal Rules of Civil Procedure. The changes focused, in part, on the need for early and active judicial case management. The goals of these amendments were to ensure cases moved along at the outset and electronically stored information is preserved. The new Rules became effective on December 1, 2015. Attorneys handling BitTorrent related copyright litigation should take note. This is particularly true for the Illinois attorney, where the Northern District of Illinois remains a hotbed of copyright litigation involving the BitTorrent protocol. Accordingly, these amendments maychange the way Northern District judges approach these cases.


While NOT my paper, The Iowa Law Review recently published Copyright Trolling: an Empirical Study by Professor Matthew Sag. Given that Jonathan devotes a significant portion of his practice to BitTorrent-related intellectual property litigation, he was honored to have been included in his mentions.

Matthew Sag, Copyright Trolling, An Empirical Study, 100 IOWA L. REV. 1105 (2015).


Copyright & the Artist | InterBusiness Issues (October 2013)

This article, which was published by InterBusiness Issues - a monthly magazine, primarily dealt with the history of Copyright law as a fundamental feature of the Constitution as well as the use and exploitation of these rights to secure revenue for our creative professionals.


FAQs for First Time Renters | Togamag (2011)
Brief article, in magazine aimed at college students, concerning tenants rights in Illinois.


No Hope for Reverse Payments | Update – Food and Drug Law Institute (May 2010)
This article published in the May/June 2010 edition of the Food and Drug Law Institute’s Update trade magazine discusses the current disagreement on reverse payments in pharmaceutical litigation. It touches on court opinions, legislative action, the Hatch-Waxman Act, and executive action pertaining to this intersection of patent law, the FDA, and antitrust law. (Article provided with permission of FDLI).

 

 

Presentations

Intellectual Property for the Visual Artist - Springfield Art Association (May 2019)

This discussion presented tools for visual artists to protect their work and avoid infringing on others’ rights. The discussion focused on the Copyright Act, The Visual Artists Rights Act, trademarks, and design patents. The discussion aimed towards engagement and participants left with a better understanding of intellectual property rights to use to protect themselves.


Intellectual Property, The Business of Art (Jan. 2019)

Jonathan hosted this roundtable discussion at the 2019 Business of Art Seminar sponsored by Arts Partners of Central Illinois. While discussion was free-flowing, its focus was the types of intellectual property available to creative professionals and businesses, the costs associated with the same, building and maintaining intellectual property portfolios, and monetizing the same.


Intellectual Property, Patents, Trademarks and More (Jan. 2019)

In this seminar, Jonathan provided information concerning intellectual property to entrepreneurs and small to medium sized business owners. Discussion focused on intellectual property portfolio building, cost-benefits, and licensing. The seminar was sponsored by SBDC Illinois, the Bradley University Small Business Development Center, and SCORE Peoria,


Practical Considerations on Trademarks & Copyrights, Federal Bar Association - Central District of Illinois Chapter (Sept. 2018)

In this continuing legal education presentation, Jonathan provided insight into intellectual property issues that members of the Federal Bar Association might typically overlook when advising their clients. I also explained unique litigation issues that arise in both copyright and trademark litigation.


Intellectual Property for the Chemist & Biochemist, Bradley University Mund-Lagowski Department of Chemistry & Biochemistry (Sept. 2017)

This seminar presented a high-level overview of intellectual property basics to Bradley University Mund-Lagowski Department of Chemistry & Biochemistry's faculty and students. It focused on intellectual property applicable to the chemist and biochemist, in particular, as opposed to other disciplines.


STEMP + LAW = CAREER, Bradley University (Feb. 2018)

In this panel discussion aimed at science, technology, engineering students, Jonathan and other legal professionals with STEM backgrounds introduced students and faculty to potential legal careers that an undergraduate degree in a STEM discipline can provide.


Land and Water Law: Ownership and Access, Continuing Legal Education and Land Surveyor and Engineer Professional Development (June. 2016)

In this Naperville, Illinois presentation, Jonathan presented to lawyers, land surveyors, and civil engineers. His presentation discussed the process of easement negotiations and typical and atypical easement terms for transmission line and pipeline projects.


Risks & Pitfalls: Social Media | Illinois State Bar Association (March 2016)

Jonathan moderated a discussion concerning social medias impact on intellectual property rights, labor rights, ethical issues, and the rules of evidence. He was pleased to present with panel members Margo Lynn Hablutzel and Deirdre Fox.


Intellectual Property No Nos | Peoria County Bar Association (March 2016)

Jonathan presented a continuing legal education seminar concerning intellectual property no nos to Peoria County Bar Association members as part of its 2016 Brown Bag series. The presentation focused on a series of brief IP tips as well as common mistakes made by practitioners less familiar with the intricacies of intellectual property law.


Time & Billing Technologies | Illinois State Bar Association (April 2015)

Jonathan presented to attorneys and judges at the ISBA Solo & Small Practice Seminars. This presentation concerned time and billing technologies that those in smaller practices might utilize and general tips to consider when determining what technologies, if any, to implement.


Intellectual Property, Licensing, and Small Businesses Presentation | Authors of the Heartland (November 2013)
Jonathan made this presentation to the members of Authors of the Heartland. In it, Jonathan discussed options for protecting creative works and creative businesses. The discussion included an overview of trademark and copyright laws, explained general principals of intellectual property, and the process for procurement of intellectual property protections.


Intellectual Property for the Web Professional | Web Professionals Group of Illinois Central College (November 2013)
This presentation, at Illinois Central College, discussed intellectual property concerns for software and website developers. Jonathan focused, in particular, on issues surrounding copyright ownership, copyright licensing, and the Digital Millennium Copyright Act.


Technology and the Practice of Law | Peoria County Bar Association (March 2013)
In this Continuing Legal Education seminar, Jonathan presented information concerning the use of technology in small and solo law practices as a means of efficiently serving clients.