David R. Todd
Shareholder
David R. Todd

David R. Todd

Shareholder

60 East South Temple, Suite 1000
Salt Lake City, UT 84111
T (801) 533-9800   
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Attorney Assistant

Nonie Barrigar
nbarrigar@wnlaw.com
(801) 533-9800

Experience
Joined Workman Nydegger in 2009

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Paralegal
Jennifer Hunter

Jennifer Hunter
jhunter@wnlaw.com
(801) 533-9800

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David Todd’s practice focuses on intellectual property litigation, including patent, trademark, copyright, and trade secret litigation. He also counsels clients on matters requiring expertise in intellectual property law, including issues of patent infringement and validity. David has participated as counsel in over 40 appeals at the U.S. Court of Appeals for the Federal Circuit and in a number of intellectual property actions in federal trial courts and at the Patent Trial and Appeal Board.

David has authored a number of publications on patent law issues, has lectured on intellectual property issues, and currently serves as an adjunct professor of law at Brigham Young University where he has taught courses in patent law and intellectual property litigation since 2000. He has also served as the principal author in amicus briefs filed on behalf of the American Intellectual Property Law Association in cases pending before the United States Supreme Court and the Federal Circuit.

From 1997-1998, David served as a law clerk to the Honorable Randall R. Rader at the United States Court of Appeals for the Federal Circuit, which resolves patent appeals from all U.S. district courts as well as all appeals from the U.S. Patent and Trademark Office.

Appeals

  • Before the U.S. Supreme Court
  • Before the U.S. Court of Appeals for the Federal Circuit
  • Before the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office

Consulting & Opinions

  • Patent Infringement Opinions
  • Defensive Opinions of Non-infringement and/or Invalidity
  • Design Around Strategies

IP Litigation

  • Patent Infringement
  • Trademark Infringement
  • Copyright Infringement
  • Trade Secret Misappropriation

Experience

Notable cases in which David has served as counsel include:

Biotec Biologische Naturverpackungen GmbH & Co. KG v. Biocorp, Inc., 249 F.3d 1341 (Fed. Cir. 2001)

International Nutrition Co. v. Horphag Research Ltd., 257 F.3d 1324 (Fed. Cir. 2001) (affirming dismissal of complaint).

Nautilus Group, Inc. v. ICON Health & Fitness, Inc. No. 03-1526 (Fed. Cir. Sept. 3, 2003) (granting stay of preliminary injunction pending appeal).

Lifetime Products, Inc. v. GSC Technology Corp., 97 Fed. Appx. 327 (Fed. Cir. 2004) (affirming grant of preliminary injunction).

Free Motion Fitness, Inc. v. Cybex Int’l, Inc., 423 F.3d 1343 (Fed. Cir. 2005) (vacating grant of summary judgment of noninfringement).

Nautilus Group, Inc. v. ICON Health & Fitness, Inc., No. 05-1577 (Fed. Cir. Aug. 17, 2006) (affirming grant of summary judgment of noninfringement).

Vita Mix v. Basic Holding, 581 F.3d 1317 (Fed. Cir. 2009) (affirming grant of summary judgment of no indirect infringement and reinstating invalidity defenses).

Merit Healthcare Int’l, Inc. v. Merit Medical Systems, Inc., 721 Fed. Appx. 628 (9th Cir. 2018) (affirming dismissal of complaint for lack of “case or controversy”)

DIRTT Environmental Solutions Ltd. v. Allsteel Inc., 731 Fed. Appx. 980 (Fed. Cir. 2018) (vacating PTAB decision in inter partes review)

Stratus Networks, Inc. v. UBTA-UBET Communications Inc., 955 F.3d 994 (Fed. Cir. 2020) (affirming TTAB decision in opposition proceeding)

Khan v. Hemosphere Inc., 825 Fed. Appx. 762 (Fed. Cir. 2020) (affirming dismissal for improper venue and service of process as well as grant of Rule 11 sanctions)

Vitamins Online, Inc. v. Heartwise, Inc., 71 F.4th 1222 (10th Cir. 2023) (affirming judgment of false advertising).

Khan v. Merit Medical Systems, Inc., No. 23-2329 (Fed. Cir. July 16, 2024) (affirming grant of summary judgment of noninfringement)

Education & Admissions

Education

J.D., summa cum laude, Order of the Coif, J. Reuben Clark Law School, Brigham Young University, 1997

B.S., summa cum laude, Mechanical Engineering, Brigham Young University, 1994

Admissions

Registered Patent Attorney, U.S. Patent and Trademark Office

United States Supreme Court

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. District Court for the District of Utah

Utah State Bar

Utah Supreme Court

Recognitions

2025, The Best Lawyers in America®, “Lawyer of the Year” for Salt Lake City in Patent Law

2023, 2020, The Best Lawyers in America®, “Lawyer of the Year” for Salt Lake City in Patent Litigation

2023, 2018, The Best Lawyers in America®, “Lawyer of the Year” for Salt Lake City in Intellectual Property Litigation

2015 – 2025, The Best Lawyers in America®

2008 – 2011, 2014 – 2022, “Utah Legal Elite,” Utah Business Magazine

2009 – 2024, Mountain States Super Lawyers

Memberships & Activities

American Intellectual Property Law Association (AIPLA)

David K. Winder IP Inn of Court

2004-2006, Model Patent Jury Instructions Drafting Subcommittee, Federal Circuit Bar Association

2003-2005, 2015-2018 Amicus Committee, American Intellectual Property Law Association

American Bar Association, Intellectual Property Section

Federal Circuit Bar Association

Insights & Events

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