Education
- J.D., J. Reuben Clark Law School, Brigham Young University, 1987
- B.A., magna cum laude, University of Utah, 1984
Primary Practice Focus
- Complex and IP Litigation, Inter Partes Conflicts, ADR, including Mediation/Arbitration
- Patent Infringement, U. S. and Global IP Enforcement
- Trademark Infringement
- Copyright Infringement
- Trade Dress Infringement
- Misappropriation of Trade Secrets
- Breach of Contract
- Unfair Business Practices
- Patent Related Antitrust Actions
- Actions Before the International Trade Commission
- Patent and Trademark Oppositions, U. S. and Europe
- False Advertising
- Business Torts, Commercial Fraud and Civil RICO
Appeals
- Before the U. S. Supreme Court
- Before the Court of Appeals for the Federal Circuit and Other Regional Federal Circuit Courts of Appeal
Appeals
Other Practice Experience
- Licensing, Other Transactional Work & Client Counseling
- U. S. and Foreign Licensing of Intellectual Property Rights, Including Patents, Trademarks, Copyrights, Trade Secrets, and Know How
- Employment Agreements & Invention Ownership
- Non-Competition Covenants
- Non-Disclosure Agreements
- Assignments of Intellectual Property Rights
- Due Diligence Investigations of IP Portfolios During Acquisition or Merger Transactions
Technical Experience
- Electronics & Electrical Engineering
- Electrical & Electromechanical Systems
- Semiconductors
- Telecommunications and Fiber Optics
- Consumer Electronics
- Computer Systems, Software & E-Commerce
- Business Methods & Information Technology
- E-Commerce Technologies and Business Methods
- Internet Technologies
- Physics/Optics
- X-Ray Devices and Equipment
- Optical Networking Systems and Components
- Active and Passive Optical components
- Lasers and related Optical components
- Mechanics & Mechanical Engineering
- Manufacturing Equipment
- Medical and Dental Devices
Second Language
Select Professional Accomplishments
- Finisar v. DirecTV, Case No. 1:05-cv-00264-RC (EDTX 2008) (obtained eight figure judgment after jury verdict finding willful patent infringement on behalf of client).
- SCO Grp. v. Novell Inc., Case No. 2:04-cv-00139-TS (D. Utah 2010) (jury verdict in favor of client regarding ownership to copyright interests in Linux/Unix legacy operating systems).
- Jneid v. Novell Inc., Orange County California Superior Court, Complex Division, Case Nos. G039500, G039723, G039725, G039897 (after two multi-month jury trials and an appeal to the Court of Appeals of California, 4th Appellate District, Division 3, in a complex business dispute, a favorable settlement was obtained on behalf of the client).
- Astrum Inc. v. Novell, Inc., Case No. 2:08-cv-00201 (EDTX 2009) (dismissal of trade secret misappropriation claims after aggressive discovery directed at exposing weaknesses in plaintiff’s case).
- Information Protection and Authentication of Texas, LLC v. Symantec Corp. et al, Case No. 2:08-cv-00484-JRG (EDTX 2008) (negotiated favorable result for client after successful litigation in patent infringement case).
- Probert, et. al v. The Clorox Company, Case No. 1:07-cv-00139-DB (D. Utah 2007) (defense judgment in favor of client in patent infringement case and summary affirmance before the United States Court of Appeals for the Federal Circuit).
- LH Taylor Associates, Inc. v. The Clorox Company, Case No. 6:07-cv-00383-LED (EDTX 2007) (negotiated dismissal of patent infringement claims after successful litigation).
- Steamway Corp., et. al. v. The Clorox Company, Case No. 1:2009cv00991 (Indiana Scott County Superior Court 2009) (negotiated dismissal of trade secret misappropriation claims after successful litigation).
- Lifetime Products v. Alton Industries Inc., et. al., Case No. 8:02-cv-00350 (CDCA 2004) (favorable settlement agreement obtained for client in patent infringement case after successful litigation).
- Lifetime Products, Inc. v. GSC Technologies, Case No. 1:03-cv-00062-TC (D. Utah 2005) (favorable settlement for client in patent infringement case after obtaining preliminary injunction).
- Jumpsport, Inc. v. Jumpking, Inc., Case No. 01-cv-4986 (NDCal 2004) (jury verdict favorable to client in defense of patent infringement claims).
- Free Motion Fitness Inc. v. Cybex International, Inc., Case No. 1:10-cv-00185-DS (D. Utah 2001) (negotiated favorable settlement after affirmance of client’s claim construction position at the United States Court of Appeals for the Federal Circuit).
- Cybergym Research, LLC v. ICON Health & Fitness, Inc., Case No. 2:05-cv-00527-DF (EDTX 2006) (favorable settlement during jury trial after successful cross-examination of plaintiff’s witnesses).
- ICON Health & Fitness, Inc. v. Horizon Fitness, Inc. et al, Case No. 5:08-cv-00026-DF-CMC (E.D. Tex. 2009) (obtained favorable settlement for client in patent infringement case after successful litigation, including defeating motions to dismiss and obtaining favorable claim construction at a Markman hearing).
- Nautilus Group, Inc. v. ICON Health & Fitness, Inc., Case No. 1:02-cv-00109-TC (D. Utah 2006) (obtained large jury verdict in favor of client in false advertising and false patent marking case).
- Biotec Biologische Naturverpackungen GmbH & Co. KG v. Biocorp, Inc., 249 F.3d 1341 (Fed. Cir. 2001) (obtained a jury verdict and damages for patentee based which were affirmed on appeal).
- Jazz Photo Corp v. International Trade Commission, 264 F.3d 1094 (Fed. Cir. 2001) (focusing defense primarily on complete legal issues involving the exhaustion doctrine, repair/reconstruction, assisted client in managing costs and potentially devastating consequences of a general exclusion order).
- Ultradent Products, Inc. v. Life-Like Cosmetics, Inc., 127 F.3d 1065 (Fed. Cir. 1997) (affirming findings of infringement; jury verdict in favor of client). See alsoUltradent Products, Inc. v. Life-Like Cosmetics, Inc., 924 F. Supp. 1101 (D. Utah 1996) (granting favorable patent construction terms and denying counterclaims).
Professional Admissions and Associations
- Utah State Bar
- American Intellectual Property Law Association (AIPLA)
- American Bar Association
- Mountain States Super Lawyer
- Utah Super Lawyer, 2007, 2009-2012
- Cambridge Who’s Who
- US News Best Lawyers
- Martindale Hubbell AV-rated
David R. Wright Attorney At Lawdwright@mabr.com435.575.1389
Profile
David’s practice focuses on complex and intellectual property litigation, including false advertising, unfair competition, theft of trade secret, and copyright, patent, and trademark infringement cases. He offers experience in transactional matters such as licensing and contracts, as well as providing strategic counseling on the implementation of corporate IP policies and procedures.
He has successfully represented clients at the appellate and trial court stages (logging victories in several jury and bench trials) in federal and state courts throughout the United States, including before the United States Supreme Court. David has also represented clients before the International Trade Commission, as well as coordinated enforcement efforts of intellectual property rights throughout Europe, Latin America and Asia. In an effort to find the most efficient mechanism to resolve disputes, David has also represented clients before international arbitration and mediation panels.
David currently teaches Patent Litigation and Counseling as an Adjunct Associate Professor of Law at the J. Reuben Clarke Law School of Brigham Young University in Provo, Utah. David has also lectured at national and international bar events on litigation topics including patent enforcement strategies and intellectual property damages, including the CIPA Congress in London, England. He has published articles involving federal court litigation and drafted model jury instructions used by lawyers across the country in racketeering and business tort cases.
During law school, David was an Articles Editor for the Brigham Young University Law Review and the Lead Notes and Comments Editor for the Brigham Young University International Law Annual. Along with the late Professor Michael Goldsmith, he coordinated a joint effort by the J. Reuben Clark Law School and the American Bar Association in developing and publishing model jury instructions for civil RICO cases.
David came to MB from a major Salt Lake City-based law firm, where he was an Equity Shareholder, the Managing Shareholder, a Member of the Board of Directors and the Chairman of the Litigation Section during his nearly twenty-year career at that firm. In his spare time, David enjoys coaching youth soccer as a D-licensed coach, organizing fund raising events for non-profit organizations, such as Curling for Kidneys (benefitting Intermountain Donor Services), and spending time with his five sons and their families. Dave recently spent time in the Kingdom of Tonga building schools for elementary children and organizing community outreach programs.
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