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David R Todd
About David
Biography
Mr. Todd has participated as counsel in over 25 patent appeals at the U.S. Court of Appeals for the Federal Circuit and in a number of patent actions in federal trial courts. His practice focuses primarily on the summary judgment and appellate phases of patent litigation, and on client counseling matters requiring an analysis of patent infringement and validity.
Mr. Todd served from 1997-1998 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. Mr. Todd has participated in authoring 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 teaches courses in patent law. 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.
Practice Areas
Fees and Rates
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Chat withLicenses
Licensed in Utah for 28 years
State: Utah
Acquired: 1997
No misconduct found
Location
Workman Nydegger
1000 World Trade Center, 60 East South Temple, Salt Lake City, UT, 84111
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David R Todd's Reviews
Avvo Review Score
Not Yet Reviewed
David R Todd's Lawyer Endorsements
"I endorse this lawyer. David Todd is extraordinary in his level of understanding and creativity in all aspects of intellectual property law, and is great to work with. David is a required asset on any intellectual property litigation team."
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Experience
Honors
2021
Best Lawyers in America, Best Lawyers in America
2021
Utah Legal Elite - Intellectual Property, Utah Business Magazine
2020
Lawyer of the Year - Patent Litigation for Salt Lake City, Best Lawyers in America
2020
Utah Legal Elite - Intellectual Property, Utah Business Magazine
2019
Best Lawyers in America, Best Lawyers in America
2019
Utah Legal Elite - Intellectual Property, Utah Business Magazine
2018
Lawyer of the Year - Intell. Prop. Litigation for Salt Lake City, Best Lawyers in America
2018
Utah Legal Elite - Intellectual Property, Utah Business Magazine
2018
Super Lawyer - Intellectual Property, Mountain States Super Lawyers
2017
Best Lawyers in America, Best Lawyers in America
2017
Utah Legal Elite - Intellectual Property, Utah Business Magazine
2017
Super Lawyer - Intellectual Property, Mountain States Super Lawyers
2016
Best Lawyers in America, Best Lawyers in America
2016
Utah Legal Elite - Intellectual Property, Utah Business Magazine
2016
Super Lawyer - Intellectual Property, Mountain States Super Lawyers
2015
Super Lawyer - Intellectual Property, Mountain States Super Lawyers
2015
Utah Legal Elite - Intellectual Property, Utah Business Magazine
2015
Best Lawyers: Litigation-Intell Prop, Litig-Patent, Patent Law, Best Lawyers in America
2014
Super Lawyer - Intellectual Property, Mountain States Super Lawyers
2014
Utah Legal Elite - Intellectual Property, Utah Business Magazine
2013
Super Lawyer - Intellectual Property, Mountain States Super Lawyers
2012
Super Lawyer - Intellectual Property, Mountain States Super Lawyers
2011
BTI Client-Service All Star, BTI Consulting Group
2011
Utah Legal Elite - Intellectual Property, Utah Business Magazine
2011
Super Lawyer - Intellectual Property, Mountain States Super Lawyers
2010
Super Lawyer - Intellectual Property, Super Lawyers (Corporate Counsel Edition)
2010
Utah Legal Elite - Intellectual Property, Utah Business Magazine
2010
Super Lawyer - Intellectual Property, Mountain States Super Lawyers
2009
Super Lawyer - Intellectual Property, Mountain States Super Lawyers
2009
Utah Legal Elite - Intellectual Property, Utah Business Magazine
2008
Utah Legal Elite - Intellectual Property, Utah Business Magazine
Work Experience
2000 - Present
Adjunct Professor, Brigham Young University, J. Reuben Clark Law School
1998 - Present
Registered Patent Attorney, Workman Nydegger
1997 - 1998
Law Clerk to the Honorable Randall R. Rader, U.S. Court Of Appeals for the Federal Circuit
Associations
American Intellectual Property Law Association
Member
American Bar Association, Intellectual Property Section
Member
Federal Circuit Bar Association
Member
Utah State Bar, Intellectual Property Section
Member
Sample of Legal Cases
Stratus Networks, Inc. v. UBTA-UBET Communications Inc., 955 F.3d 994 (Fed. Cir. 2020)
TTAB decision in opposition proceeding affirmed
DIRTT Environmental Solutions Ltd. v. Allsteel Inc., 731 Fed. Appx. 980 (Fed. Cir. 2018)
PTAB decision in inter partes review vacated
Merit Healthcare Int'l, Inc. v. Merit Medical Systems, Inc., 721 Fed. Appx. 628 (9th Cir. 2018)
dismissal of complaint for lack of "case or controversy" affirmed
Aqua Products, Inc. v. Matal, 872 F.3d 1290 (Fed. Cir. 2017) (en banc)
prepared amicus brief for American Intellectual Property Law Association
Vita-Mix v. Basic Holding, 581 F.3d 1317 (Fed. Cir. 2009)
grant of summary judgment of no indirect infringement affirmed and invalidity defenses reinstated
Nautilus Group, Inc. v. ICON Health & Fitness, Inc., No. 05-1577 (Fed. Cir. Aug. 17, 2006)
grant of summary judgment of noninfringement affirmed
Free Motion Fitness, Inc. v. Cybex Int’l, Inc., 423 F.3d 1343 (Fed. Cir. 2005)
grant of summary judgment of noninfringement vacated
Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc)
prepared amicus brief for American Intellectual Property Law Association
Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 545 U.S. 913 (2005)
prepared amicus brief for American Intellectual Property Law Association
Lifetime Products, Inc. v. GSC Technology Corp., 97 Fed. Appx. 327 (Fed. Cir. 2004)
grant of preliminary injunction affirmed
International Nutrition Co. v. Horphag Research Ltd., 257 F.3d 1324 (Fed. Cir. 2001)
Biotec Biologische Naturverpackungen GmbH & Co. KG v. Biocorp, Inc., 249 F.3d 1341 (Fed. Cir. 2001)
Education
1997
Brigham Young University-J. Reuben Clark Law School
J.D., summa cum laude
1994
Brigham Young University
BS - Bachelor of Science, summa cum laude
Speaking Engagements
2021
Utah IP Summit
"IP Cases: The Year In Review"
2020
Utah IP Summit
"IP Cases: The Year In Review"
2019
Utah IP Summit
"IP Cases: The Year In Review"
2018
Utah IP Summit
"IP Cases: The Year In Review"
2017
Utah IP Summit
"IP Cases: The Year In Review"
2016
Utah IP Summit
“IP Cases: The Year in Review”
2015
Utah IP Summit
“IP Cases: The Year in Review"
2015
BYU Capstone
An Introduction to Intellectual Property
2014
Workman Nydegger CLE
Top Ten Upcoming IP Decisions To Watch For In 2014
2014
Utah State Bar, Intellectual Property Section CLE Luncheon
This Term’s IP Cases at the Supreme Court : What’s Happened Already and What to Watch For
2013
Utah State Bar Intellectual Property and Appellate Sections Joint CLE Luncheon
The Origins and Special Jurisdiction of the U.S. Court of Appeals for the Federal Circuit
2010
Workman Nydegger CLE
The Supreme Court’s Decision in Bilski v. Kappos: What Is An ‘Abstract Idea’?
2007
Workman Nydegger CLE
The Year in Review: 2006 Federal Circuit Patent Cases
2007
Utah IP Summit
Hot Topics in the Federal Circuit
2005
Workman Nydegger CLE
Infringement of Claims Containing Means-Plus-Function Elements
2005
J. Reuben Clark Law School Alumni CLE Symposium
Peer-to-Peer File Sharing After Grokster
2003
Utah State Bar, Intellectual Property Section CLE Luncheon
Life at the Federal Circuit
Publications
2020
2019
2017
2016
2016
2015
2015
2015
2015
2014
2014
2014
2014
2014
2014
2014
2014
2014
2013
2013
2013
2012
2012
2011
Electronic and Software Patents Law and Practice (BNA) (3d ed.)
Design Around Techniques
2011
Electronic and Software Patents Law and Practice (BNA) (3d ed.)
Functional Claim Drafting In The Electronics, Computer And Software Arts
2011
www.wnlaw.com
Stanford v. Roche – check your employment agreements
2011
2011
2005
Electronic and Software Patents Law and Practice (BNA) (2d ed.)
Functional Claim Drafting In The Electronics, Computer And Software Arts
2005
Electronic and Software Patents Law and Practice (BNA) (2d ed.)
Design Around Techniques
1996
Brigham Young University Law Review
How Modern Treatment of 35 U.S.C. §112(6) Has Caused Confusion: Hilton Davis v. Warner-Jenkinson and the Right to a Jury on the Issue of Patent Infringement Under the “Equitable” Doctrine of Equivalents
Languages
English