May 27, 2016

Workman Nydegger Secures Reversal for Dr. James Dunning at Nevada Supreme Court

By: Paige White

Dr. James Dunning retained Workman Nydegger to represent him in a challenge to a policy adopted by the Nevada Board of Physical Therapy Examiners (“the Board”).  The policy prevents physical therapists in Nevada from using trademarks associated with Dr. Dunning’s continuing education courses.  Dr. Dunning brought a suit challenging the policy in Nevada state court, but the district court dismissed Dr. Dunning’s challenge.  On appeal, the Board argued that the policy was not a “regulation” and therefore the district court had no jurisdiction to declare the policy invalid.  However, Workman Nydegger’s appellate team consisting of David Johnson, Robyn Phillips, and David Todd secured a reversal at the Nevada Supreme Court.

On May 26, 2016, the Nevada Supreme Court issued an order reasoning that to the extent the district court had concluded that the policy was not a “regulation” and had therefore dismissed Dr. Dunning’s claims for lack of jurisdiction, the district court had erred.  The Supreme Court confirmed that the policy was a “regulation” and remanded the case to the lower court “to make factual findings regarding whether Dunning exhausted his administrative remedies.”  “We are very pleased with the Nevada Supreme Court’s decision,” said David Johnson, who argued the appeal on behalf of Dr. Dunning.

Founded over 30 years ago, Workman Nydegger specializes in intellectual property (IP) law and complex litigation.  The firm represents a wide array of clients in all areas of intellectual property law, including patent, trademark, copyright, litigation and prosecution, unfair competition and related licensing matters, and possesses expertise in a diverse range of technologies, including computer systems, software, e-commerce and information technology; electronics and electrical engineering; pharmaceutical, nutraceutical, chemical, biotechnology, and medical and life science technologies; physics and optics; mechanics and mechanical engineering and alternative energy.