David P. Johnson

Dave is an IP litigator with 12+ years of patent and trademark experience and an extensive ecommerce practice. Clients rely on Dave to help them protect and defend their trademarks, patents, and copyrights. He directs enforcement efforts and seamlessly manages internal client teams to reduce costs and maximize timely and efficient enforcement. His significant background with design patents ranges from drafting and prosecution to enforcement and litigation. His trademark and branding experience ranges from domestic and international clearance and prosecution to opposition and cancellation proceedings and federal district court actions. Clients also 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’s practice also advises clients on data protection issues in connection with various laws, such as the European Union’s and United Kingdom’s General Data Protection Regulations, the California Consumer Privacy Act, and the California Privacy Rights Act. He helps clients assess legal obligations and risks associated with these laws, including presenting company-wide trainings, drafting and reviewing privacy and retention policies, and mitigating risks associated with cross-border data transfers.

Dave is passionate about teaching and career development. He 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 nearly 10 years. He chairs the recruiting committee at Workman Nydegger and spends significant time mentoring younger attorneys.

Dave holds both a Bachelor’s Degree in Civil Engineering and a Law Degree from the University of Utah. He is a member of the David K. Winder IP Inn of Court and sits on INTA’s Geographical Indications Committee. He is regularly recognized in peer-reviewed publications, such as Utah Business Magazine’s Utah Legal Elite, The Best Lawyers in America, and WTR1000.

• 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).
• Led a team that obtained a temporary restraining order and preliminary injunction in a case involving unfair competition, trademark, copyright, and design patent claims.  Negotiated a permanent injunction and settlement of the case, achieving the client’s goals while also saving it huge amounts of attorneys’ fees and costs. (2016).
• Defended one of the firm’s clients that was sued for cancellation of various of its trademarks, some of which have been in place for nearly thirty years. The complaint asserted claims for cancellation based on alleged fraud on the trademark office, cancellation for falsely suggesting a connection with the plaintiff, cancellation for likelihood of confusion, and declaratory judgment of non-infringement. Successful in forcing a withdrawal of the fraud and false suggestion of a connection claims, and obtained a dismissal of the complaint for lack of case or controversy. The dismissal saved the client the considerable expense of the cancellation/declaratory judgment trial. (2015).
• Led district court and appellate team that challenged an action of a state administrative agency as invalid for failure to engage in the steps required by the state administrative procedure act.  After the district court dismissed the case, Mr. Johnson successfully won reversal at the Supreme Court on appeal.  (2016).
• Defended compliance software company in patent infringement litigation and lead efforts to file inter partes review (“IPR”) petition concerning the asserted patent.  Despite having already fought a different IPR proceeding against the same patent for more than six months, the patent owner requested adverse judgment within three weeks of reading the IPR petition prepared by Mr. Johnson and his team.  Shortly after requesting adverse judgment the defendant dismissed its claims in the litigation. (2014).
• 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).

• J.D., S.J. Quinney College of Law, University of Utah, 2010
• B.S., Civil and Environmental Engineering, University of Utah, 2007

• Utah State Bar
• Registered Patent Attorney, U.S. Patent and Trademark Office
• U.S. Court of Appeals for the Ninth Circuit
• Utah Supreme Court
• Nevada Supreme Court
• U.S. District Court for the District of Utah

• 2015, “Utah Legal Elite,” Utah Business Magazine
• 2021, Litigation – Patents, Intellectual Property, The Best Lawyers in America
• 2020, Rising Star, Super Lawyers
• 2019 – Present, Chair of Recruiting Committee, Workman Nydegger
• 2021, Workman Nydegger Board of Directors
• 2022, The Best Lawyers in America©
• 2022 – 2023, Geographical Indications Committee, INTA

• S.J. Quinney College of Law IP Moot Court Team, Coach (2012-present)
• William Penn PTA Board Member, Super Dad Advisor

• David K. Winder IP Inn of Court
• Intellectual Property Owners Association (IPO) – U.S. Trademark Committee
• Workman Nydegger – Recruiting Chair
• Workman Nydegger – business development committee
• IP Moot Court Team – S.J. Quinney College of Law, University of Utah

• 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

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