Dax D. Anderson
Mr. Anderson is a member of the firm's Intellectual Property section. His practice specializes in patent and trademark litigation. He has successfully represented both plaintiffs and defendants in federal litigations and administrative proceedings before the United States Patent and Trademark Office. Mr. Anderson also successfully obtained preliminary injunctions as well as dismissal of cases for lack of jurisdiction. He was a research assistant at the Center for Biopolymers at Interfaces and he has several years of experience in producing major motion pictures.
He is recognized as one of Utah's Legal Elite for Intellectual Property.
Representative Work for Plaintiffs
- Successfully obtained a jury verdict for willful patent infringement. Trial responsibilities included direct testimony on the issue of willfulness. Prior to trial, obtained a favorable claim construction in the Markman hearing.
- Successfully argued and obtained summary judgment for patent infringement against accused infringers.
- Successfully obtained judgment of copyright infringement and permanent injunctive relief.
- Successfully negotiated concurrent use agreement for competitors using identical trademarks.
Representative Work for Defendants
- Preliminarily enjoined defendant’s communications with his client’s customers. The client, a company formed by the defendant’s wrongfully-terminated former employees, competed with their former employer/defendant. The defendant threatened the client and its customers with a patent infringement action. Mr. Anderson filed a complaint for declaratory judgment of non-infringement and successfully obtained a preliminary injunction against the defendant. The parties settled the dispute on terms favorable to the client.
- Obtained summary judgment for client on contract claims. The client asked Mr. Anderson to assume responsibility for the case after a former counsel’s motion for partial summary judgment was denied. Summary judgment was successfully obtained for all substantive claims against the client resulting in a favorable settlement and dismissal of plaintiff’s case.
- Successfully obtained several dismissals of claims on jurisdictional grounds.
- Successfully argued in multiple Markman hearings for patent claim construction and obtained summary judgment based on those rulings.
- Successfully defeated plaintiff’s Motion for Preliminary Injunction with a Motion for Summary Judgment. Plaintiff alleged the client, a medical device manufacturer, infringed plaintiff’s trademark and trade dress rights and that the client falsely advertised its medical devices. Mr. Anderson engineered and successfully executed the strategy to transfer the case from plaintiff’s home jurisdiction in Georgia to the 9th Circuit where the case law was more favorable to the client’s position. Plaintiff appealed the court’s ruling in the client’s favor. Mr. Anderson then successfully negotiated the final settlement.
- Successfully negotiated favorable settlement and dismissal with prejudice of copyright infringement claims within weeks of claims being filed.
- Successfully defended and resolved claims for Trade Secret Misappropriation.
- Successfully obtained patents in a variety of technology fields.
- Successfully obtained trademark registrations.
- Summer Associate at Kirton McConkie, 2002 and 2003
- Research Assistant at the Center for Biopolymers at Interfaces
- Several years experience in production of major motion pictures
- March 20, 2013Law360
- February 2016
- April 3, 2015Press Release
- Kirton McConkie intellectual property lawyer Dax Anderson successfully defends client Utah Medical ProductsOctober 23, 2012Press Release
- Zenger and Anderson successfully represent CleanCut in lawsuitOctober 10, 2012Press Release
Creighton University School of Law, J.D., 2004
University of Utah, B.S., Materials Science and Engineering, 2001
University of Utah, B.A., English, 2000
- Utah, 2004
- United States District Court for the District of Utah, 2004
- United States Patent and Trademark Office
- United States Supreme Court
- Admitted to practice Pro Hac Vice in California, Georgia, Nebraska, Ohio, Texas
Honors & Awards
- Utah Legal Elite: Up & Coming (2009 - 2011), Intellectual Property (2015, 2009)
- Utah Legal Elite: Intellectual Property (2016)
J. Reuben Clark Law Society
Board Member, University of Utah Engineering Alumni Association
Guest lecturer on IP issues, BYU College of Engineering and School of Technology
Intellectual Property section chair, Kirton McConkie
Volunteer, little league football coach
Volunteer, Boy Scouts of America