Overview

Dave is an IP litigator with nearly 15 years of global patent and trademark experience and an extensive e-commerce practice. He plays an instrumental role in directing litigation and enforcement efforts for large brands and sellers and seamlessly integrates with internal client teams to reduce cost and maximize timely and efficient enforcement. His significant patent prosecution experience informs his litigation strategy and his trademark and branding experience ranges from domestic and international clearance and prosecution to federal district court actions and opposition and cancellation proceedings. Clients rely on Dave’s knowledge of domestic and international due diligence assessments, including those related to new product lines, corporate acquisitions and divestitures, and licensing and other technology transfer arrangements.

Dave also advises clients on data protection issues in connection with various laws. He helps clients assess legal obligations and risks, including presenting company-wide trainings, drafting and reviewing privacy and retention policies, and mitigating risks associated with cross-border data transfers.

Passionate about teaching and career development, Dave is an adjunct professor at the University of Utah SJ Quinney College of Law and has directed the local IP Moot Court competition between the University of Utah and Brigham Young University for more than 10 years. He chairs the recruiting committee at Workman Nydegger and spends significant time mentoring younger attorneys. He and his wife are raising five wonderful children.

Experience

Experience

Defeated motion for preliminary injunction and temporary restraining order filed against patent holder, 2024

Represented patent holder in successful Amazon Patent Evaluation Express (APEX) proceedings, 2024

Represented major medical device company in trademark opposition proceeding. Favorable settlement, 2023

Represented major ecommerce brand in TTAB appeal. Won reversal, 2023

Represented major ecommerce brand in trademark opposition proceeding. Favorable settlement, 2022

Represented large restaurant chain in trademark opposition proceeding. Secured dismissal of third party’s application with prejudice, 2021

Represented client in district court litigation and appeal regarding state administrative procedure act. Won reversal on appeal, 2016

Secured temporary restraining order and preliminary injunction in patent case. Favorable settlement, 2016

Defended furniture company in multi-patent, multi-defendant patent infringement litigation involving kit claims in a utility patent. Successfully negotiated a favorable settlement, 2013

Represented plaintiff in unfair competition, trade secret misappropriation, and breach of contract matters regarding a former employee and business purchaser. Successfully negotiated settlement after a year of hard fought litigation, thereby saving the client huge amounts of attorneys’ fees and costs and the risk associated with trial, 2013

Represented applicant in trademark opposition proceedings against a large, nationwide representative organization for physicians in the United States. Opposer ultimately withdrew the oppositions, 2013

Education

Education

J.D., S.J. Quinney College of Law, University of Utah, 2010

B.S., Civil and Environmental Engineering, University of Utah, 2007

Admissions

Admissions

U.S. Circuit Court of Appeals, Ninth Circuit

Utah Supreme Court

Salt Lake County Bar

Nevada Supreme Court

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

Various federal district courts

Achievements

Achievements
  • 2019 – Present, Chair of Recruiting Committee, Workman Nydegger
  • 2019 – Present, Board of Directors, Workman Nydegger
  • 2024, WTR 1000, World Trademark Review
  • 2022 – 2024, Mountain States, Super Lawyers
  • 2018 – 2024, The Best Lawyers in America©
  • 2019 – 2020, Rising Star, Super Lawyers
  • 2015, “Utah Legal Elite,” Utah Business Magazine

Memberships

Memberships
  • David K. Winder IP Inn of Court
  • 2022 – 2023, Geographical Indications Committee, INTA
  • 2024 – present, Data Privacy Committee, INTA

Speaking Engagements

Speaking Engagements
  • Presenter, The Knowledge Group Live Webcast. “Practical Tips and Strategies in Prosecuting and Litigating Design Patent Claims.” May 3, 2018
  • Presenter, Silicon Slopes. “Intellectual Property in the World of Internet Commerce & Foreign Manufacturers.” June 28, 2017
  • Co-Presenter, Utah State Bar 2015 Summer Convention. “Intellectual Property Law for Non-IP Attorneys.” August 1, 2015

Publications

Publications

David P. Johnson, “Proper Jurisdiction: Understanding Personal Jurisdiction in the Age of Internet Commerce,” Utah Business magazine, September 30, 2015

  • Trademark Consent Agreements

    Sooner or later, most brand owners must evaluate the pros and cons of trademark consent agreements. As the applicant seeking...
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  • Apple v. Samsung – Are Components Worth More than the Whole?

    In a much-awaited decision, on Thursday, May 24, 2018, a jury in the Northern District of California awarded Apple $539...
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  • A Brief Overview of Design Patents

    Design patents are governed by 35 USC § 171, which states “[w]hoever invents any new, original and ornamental design for...
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  • Is Your Hair on Fire? Patent Preliminary Injunctions

    Congress has expressly authorized the issuance of injunctions to prevent patent infringement.[1] Preliminary injunctions, however, are “extraordinary” and “drastic” remedies...
    Read More

Nonie Barrigar

Experience

15 years at Workman Nydegger

Contact Information
Email nbarrigar@wnlaw.com
Phone 801-533-9800

Jennifer Hunter

Education

Masters of Professional Studies, Paralegal Studies, George Washington University, 2015

B.S., Sociology and Criminology, University of Utah, 2011

Contact Information
Email  jhunter@wnlaw.com
Phone  801-533-9800

View her full bio here.