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Intellectual Property, Technology and Media Litigation

The Intellectual Property, Technology and Media Practice Group is committed to providing a controlled, economical and creative defense. Many attorneys have technical or scientific backgrounds and are able to understand our clients' technologies. We help clients with risk management issues, pre-claim resolution strategy, and litigation of claims through trial.  Our attorneys have experience dealing with electronic discovery, preservation of electronic evidence, electronic evidence spoliation and computer imaging.

Intellectual Property
We provide defense representation in intellectual property claims involving copyrights, trademark, Lanham Act and patent violations. The practice group is actively involved in litigating cases in state and federal courts in matters involving alleged copyright infringement, trademark infringement, trade dress infringement and unfair competition claims. We have also been involved in successfully obtaining orders restraining parties from infringement in counterfeit products.

With respect to patent infringement claims, we draw from the engineering experience and education of our attorneys to assist in evaluating these claims.  Our attorneys understand the science in patent claims and specifications, which helps us provide an understandable presentation at trials and Markman hearings.
 
Much of our work in copyright, trademark and trade dress stems from referrals from clients we have represented in products liability or general liability claims.  Our jury trial experience is of considerable value in presenting copyright, trademark, trade dress and patent issues in an understandable and persuasive manner to lay juries. Our experience sharply distinguishes us from firms that have intellectual property experience, but little or no jury trial record.

Technology
Marshall Dennehey Warner Coleman & Goggin has represented a variety of parties faced with technology-related issues, including vendors, independent contractors and users of technology. We have experience in litigating and resolving technology disputes, including:

  • Copyright, trademark and patent infringement
  • Trade dress misappropriations 
  • Misappropriations of trade secrets and other confidential information 
  • Computer hardware and software applications and related services
  • Obligations under licensing agreements
  • Compliance with software development agreements
  • Open source code
  • Restrictive covenant obligations
  • Non-disclosure agreement obligations

 
We have experience in all phases of technology litigation, including investigations, injunctions, protective orders, discovery, motions practice, trials and appeals.
 
Media
The attorneys in this practice group are experienced in litigating First Amendment rights and media litigation issues, including defamation, libel, rights of privacy and publicity, injunctions, gag orders and prior restraints. Clients benefit from practical litigation strategies and techniques relevant to their issues.

We pride ourselves on providing cost-effective representation coupled with strong advocacy. We strive to provide clients with effective and innovative solutions, and we are receptive to discussing alternative pricing strategies.
 
The Intellectual Property, Technology and Media Practice Group serves clients in Philadelphia, Pittsburgh, Tampa, Orlando, Jacksonville, Ft. Lauderdale and communities throughout Pennsylvania, New Jersey, Delaware, Ohio, Florida, New York and throughout the country.

Dec 16, 2010
Attorney successfully defended a Motion for Preliminary Injunction in a trademark infringement action in a six (6) day hearing before a Magistrate Judge. Since 2006 our client, a non-profit corporation that assists seniors with living independently...
Dec 6, 2010
Attorneys successfully defended a claim for copyright infringement in a trial i before a 3 member panel of the American Arbitration Association. Our client, a non-profit corporation, provides online application forms for students to use in...
Mar 29, 2010
Attorneys obtained dismissal of a claim involving litigation which arose from the design and implementation of a complex computer system for a large health club operator. Our client, retained as a consultant on the project by the health club, was...
May 27, 2008
Attorneys obtained a voluntary dismissal of all claims by plaintiff against defendants in a trade secret and theft of confidential information matter. Plaintiff alleged that one of its former employees had provided a competitor with confidential...

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Law Alerts December 4, 2017
Edited by David J. Shannon, Esq. Despite the Smell, No Counterfeiting Found in Perfume Trademark Infringement Case   A New York federal judge recently found in favor of Coty, Inc., the producer of high-quality perfumes associated with Calvin..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...,    
Law Alerts August 1, 2017
Florida Decision Shows Dissimilarities Outweigh Similarities in Copyright Claims   General liability carriers have long faced considerable exposure in copyright cases under the Personal & Advertising Injury coverage sections of the..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Defense Digest Article September 1, 2014
By David J. Shannon, Esq.* A luxury handbag retailer faces claims of trademark infringement; an internet computer sales company is confronted with copyright infringement claims; an international software company is accused of violating a compliance..., Defense Digest, Vol. 20, No. 3, September 2014 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Law Alerts June 4, 2013
Eric A. Packel, attorney in Marshall Dennehey's Privacy & Data Security, and Technology, Media & Intellectual Property practice groups and contributor to the group's blog, Data Breach Legal Watch, was recently featured on LXBN-TV,...
Law Alerts April 11, 2013
Although primarily a criminal anti-hacking statute, the Computer Fraud and Abuse Act, 18 U.S. C. § 1030, et seq. (“CFAA”) also provides for certain civil causes of action. In this case, the plaintiff, AAT, argued that various...
Law Alerts October 1, 2010
The U.S. Court of Appeals for the 11th Circuit upheld a district court injunction relating to press releases that falsely represented data as to the quality of treated wood. Viance LLC produces a treatment to protect outdoor wood products from..., Case Law Alert - 4th Qtr 2010
Articles June 1, 2010
Intellectual Property Law Newsletter, Summer 2010
Law Alerts April 1, 2010
Cybersquatting is the bad faith use of an Internet domain name with the intent to profit from someone else's trademark. Typically, a cybersquatter will offer to sell the domain to the entity that owns the trademark, but at an exorbitant price...., Case Law Alert - 2nd Qtr 2010

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Seminar Sep 16, 2015
David Shannon will present at IBANY's Cyber Liability seminar on Wednesday, September 16. Presentation Highlights: As cyber insurance transitions from a discretionary to an essential coverage, underwriters are challenged with properly...
Seminar Nov 4, 2016
This seminar will focus on an often overlooked area of liability insurance – covering copyright, trademark and patent litigation. The seminar will also explore the various insurance coverages that are available, discussed some of the insurance...
Conference Mar 30, 2017
The 8th Annual Intellectual Property Law Symposium will be held March 30-31, 2017, at the Sonesta Fort Lauderdale Beach.   David Henry, along with Robert O'Shea of Beecher Carlson, will be presenting on the topic "Insurers Say Yes...

Chair

David J. Shannon
Chair, Privacy and Data Security
(215) 575-2615
djshannon@mdwcg.com

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