Intellectual Property & Technology Rights
Many businesses fail to recognize the importance of knowing and protecting their intellectual property and technology rights, while others simply fail to take full advantage of these rights. Concannon & Charles provides effective, practical and cost-efficient advice to clients in matters concerning intellectual property, protection of trade secrets, e-commerce and the internet by working with clients to evaluate, protect and enforce their intellectual property and technology rights, and to ensure that those rights are part of an ongoing, comprehensive business strategy.
The firm has an active practice representing photographers, cinematographers, artists and authors in protecting their work and maximizing their return on intellectual property. David Concannon has represented artists and entertainers since 1995. He is an author and photographer, and his works have been published internationally in a variety of publications in the United States, Canada, Ireland and England. His photographs have been published in a variety of magazines, including Forbes, MSN, The Explorers Journal, Sidetracked, DuPont Registry, Fathoms and SVPN; and all of the photographs on this web site were taken by David. Matthew Charles is a musician who has toured the United States and a photographer with extensive publication credits.
As part of the firm’s effort to assist existing and prospective clients in recognizing and protecting their intellectual property and technology rights, we developed and teach a continuing legal education course entitled “Workplace Privacy in the Digital Age: A Primer for Employers, Employees and Litigators.” This course, which is offered both in-house and externally to clients and corporations, describes intellectual property and technology rights, methods to protect them, and the pitfalls involved in failing to do so.
Please contact us if you any questions or if we can assist you.
Sampling of Published Decisions
Advanced Fluid Systems, Inc. v. Huber, 295 F. Supp. 3d 467 (M.D. Pa. 2018), aff'd, — F.3d — , 2020 WL 2078298 (3rd Cir. 2020) - After a six-day bench trial in a misappropriation of trade secrets case involving the launch system for the Antares rocket, the court issued a 54-page memorandum opinion and awarded $3,096,009 in compensatory, exemplary, and punitive damages, to the firm's client, Advanced Fluid Systems, Inc. The trial court's decision was affirmed unanimously by the 3rd U.S. Circuit of Appeals on April 30, 2020.
Advanced Fluid Systems, Inc. v. Huber, 28 F. Supp. 3d 306 (M.D. Pa. 2014) (in a misappropriation of trade secrets case involving the launch system for the Antares rocket, finding that trade secret protection applies to more than just a company’s intellectual property and clarifying elements of claims for tortious interference with contractual relationships, misappropriation of trade secrets, and violations of the Lanham Act and Computer Fraud and Abuse Act).
Laminations, Inc. v. Roma Direct Marketing LLC, 516 F. Supp. 2d 404 (M.D. Pa. 2007) (a/k/a/ “EarthBox v. Garden Patch”) (finding there was no likelihood of success on the plaintiff’s claim for patent infringement and no ascertainable damages).
R.M.S. Titanic, Inc. v. Haver, 171 F.3d 943 (4th Cir.), cert. denied, 528 U.S. 825 (1999) (restoring access to the wreck site of the R.M.S. Titanic for exploration and photography and finding that intellectual property rights are not part of exclusive salvage rights).