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Shareholder Dave Johnson to Speak at The Knowledge Group’s “Practical Tips and Strategies in Prosecuting and Litigating Design Patent Claims” LIVE Webcast

May 3, 2018 @ 11:00 am - 12:00 pm

The Knowledge Group/The Knowledge Congress Live Webcast Series, the leading producer of regulatory focused webcasts, has announced that Workman Nydegger Shareholder, David Johnson will speak at The Knowledge Group’s webcast entitled: Practical Tips and Strategies in Prosecuting and Litigating Design Patent Claims LIVE Webcast.  This event is scheduled for Thursday, May 3, 2018, from 11:00 am to 12:00 pm (MDT).

For further details or to register using Workman Nydegger’s complimentary code, please visit:


About David Johnson

Dave Johnson is a Registered Patent Attorney with a broad range of IP and branding experience, including extensive experience in state and federal courts around the country. His practice involves e-commerce enforcement, trademark prosecution and portfolio management, utility and design patent prosecution, and all aspects of IP and complex business litigation.

In addition to his work in the courtroom, Dave represents clients in inter partes review proceedings at the Patent Trial and Appeal Board, reexamination proceedings at the United States Patent and Trademark Office, and opposition and cancellation proceedings at the Trademark Trial and Appeal Board. He has worked with multiple companies from start-up through publicly traded, and has been intimately involved in developing IP strategy and associated portfolios for those companies.

Event Synopsis:

A design patent protects the ornamental features of a company’s products. When another company or person violates the design patent’s terms, design patent infringement occurs. To claim a patent breach, one must prove that the difference between the patented object’s design and the accused object’s design cannot be recognized by an ordinary observer. Courts place the burden of proof on the patent owner. However, the burden of proof is placed on the accused infringer if it uses a comparison to the prior art as part of its defense.

Key topics include:

  1. Design patents prior to litigation in the e-commerce space. Most e-commerce platforms require registered IP prior to delisting infringing product. Design patents are a cost-effective and efficient alternative for this purpose because they are inexpensive as compared to utility patents, can issue in under a year, and do not involve complicated claim construction issues.
  2. Solid/dashed lines. We will discuss pros and cons of solid/dashed lines in litigation.
  3. Damages. Discussion of component-based damages in light of Apple v. Samsung.
  4. Interplay with local patent rules. Many jurisdictions require infringement contentions, claim construction, etc., in patent cases. These deadlines don’t always make sense for design patent claims. Parties should address these issues in the scheduling conference at the beginning of the case to avoid delay and unnecessary cost. The judge may have his/her own view, and the parties may have strategic reasons for wanting or not wanting the local rules in play.

About The Knowledge Group/The Knowledge Congress Live Webcast Series

The Knowledge Group was established with the mission to produce unbiased, objective, and educational live webinars that examine industry trends and regulatory changes from a variety of different perspectives. The goal is to deliver a unique multilevel analysis of an important issue affecting business in a highly focused format. To contact or register for an event, please visit: http://theknowledgegroup.org/





May 3, 2018
11:00 am - 12:00 pm