Dustin Johnson helps clients protect their technology and industry market space and helps clients navigate patent landscapes to develop and bring products to market. His practice focuses on intellectual property transactional matters and strategic client counseling. With an emphasis in patent law, Dustin prepares and prosecutes patent applications in a wide variety of technology areas and advises clients with respect to freedom to operate or product clearance, patent infringement, and patent validity.
Having advised companies at all stages of growth, including start-ups and Fortune 500 companies, Dustin understands the role of intellectual property as a company asset and takes solution-driven approaches to help clients achieve their goals.
Dustin was selected by his peers as one of Fort Worth's Top Attorneys in Intellectual Property, Fort Worth, Texas, The City's Magazine, 2012.
Dustin's experience covers a variety of technology areas, including
- Medical processes, systems and devices - implants, prosthetics, instruments, orthopedic applications, and surgical techniques.
- Mechanical and electro-mechanical systems - controllers, heavy machinery, windmills, transmissions, and engines.
- Telecommunications - mobile phone applications, cellular communications, signaling, and others.
- Household and miscellaneous items - ranging from shoes to showerheads and from leaf collectors to litter boxes.
Dustin's practice includes
- Preparation and prosecution of domestic and foreign patent applications.
- Preparation of formal opinions of counsel, including invalidity and non-infringement opinions.
- Clearance or freedom-to-use assessments.
- Subject matter landscaping to identify and advise clients with respect to open areas or white-space including identifying additional development opportunities.
- Patent reexamination.
- Litigation support for a variety of intellectual property matters.
Selected Client Representations
- Advising in-house counsel regarding freedom-to-practice during product development and pre-product launch stages.
- Preparing patent applications relating to surgical tools and instruments.
- Assessing client's products and preparing formal opinions on the subjects of infringement and validity of competitor patents.
- Prosecuting patent applications that cover competitor products to capitalize on client's technology and create market barriers for client's competitors.
- Performing pre-litigation due-diligence for well-known Fortune 500 company.
Dustin's prior work experience is in the industrial diamond industry, where he conducted research and development for supermaterials including polycrystalline diamond (PCD) inserts and compacts for down-hole drilling applications. He also managed press operations, and supervised various manufacturing processes. In addition to his law degree, Dustin holds a B.S. in mechanical engineering.
Recent Publications and Presentations
- "Source Code Found Too Late in Software Copyright Infringement," Tarrant County Bar Association Bulletin, April 25, 2012.
- "Got Punctuation?: Recent trademark cases hinge on exclamation points and question marks," co-author, Tarrant County Bar Bulletin, October 2012.
- "IP Domain: Do I Own the IP Rights?" co-author, Tarrant County Bar Bulletin, August 2012.
- "Of Mice and Men - The US Supreme Court refuses to consider reinstatement of Texas Jury’s $1.8 Billion Patent Verdict," co-author, Tarrant County Bar Bulletin, April 2012.
- "Strategic Implications of the Patent Reform Act of 2011," roundtable moderator, December 8, 2011.
- "Practice Tips Under the Patent Reform Rules," September 16, 2011.
- "Intellectual Property Overview," TECH Nest, an organization of TECH Fort Worth, Fort Worth, Texas, August 2011.
- "America Invents: Dealing with Patent Reform," presented to BioDFW, A Life Sciences Regional Alliance, March 2011.
- "IP Domain: Marking Your Product - Drinking Cup Company's Defense Holds Water," co-author, Tarrant County Bar Association Bulletin, October, 2010.
- "Patent Reexamination," Tarrant County Bar Association Intellectual Property Section, September 9, 2010.
- "Patent Reexamination," Dallas Bar Association Intellectual Property Section, June 25, 2010.
- "Patent Legislation Update," Lexology, May 27, 2009.
10/01/2012 - Got Punctuation?: Recent trademark cases hinge on exclamation points and question marks
Minute punctuation details in registered marks can make a difference in the strength of a mark, although adding punctuation will not necessarily save an otherwise “merely descriptive” mark from being cancelled.
07/01/2012 - IP Domain: Do I Own the IP Rights?
Legal ownership of employee-generated intellectual property assets, such as inventions, creative works, and trademarks, can sometimes be difficult to determine. Ownership may be even cloudier when non-employees are involved.
04/30/2012 - The IP Beacon, April 2012
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.
04/25/2012 - Source Code Found Too Late in Software Copyright Infringement Case
In a recent decision, the Court of Appeals for the Federal Circuit upheld a “finders-keepers, losers-weepers” approach to copyright infringement.
04/01/2012 - Of Mice and Men – The US Supreme Court refuses to consider reinstatement of Texas Jury’s $1.8 Billion Patent Verdict
In February, the U.S. Supreme Court refused to take up an appellate court’s reversal of a $1.7 billion jury verdict, instead providing a lesson on the importance of adequate written descriptions in patent filings.
09/16/2011 - Practice Tips Under the Patent Reform Rules
The long anticipated America Invents Act
(the “Act”) was signed into law today. However, given that certain provisions of the Act are now in effect while others do not come online until March 16, 2013, innovating companies and individuals should consider the impact and timing of those provisions on their overall patent strategy.
10/01/2010 - IP Domain: Marking Your Product - Drinking Cup Company's Defense Holds Water
Solo Cup, a maker of plastic drinking cups, emerged intact after being sued for damages of approximately $10.8 trillion - with a “t” - for marking its cup lids with expired patent numbers.
06/25/2010 - Patent Reexamination
Presented to the Dallas Bar Association Intellectual Property Section.
06/12/2009 - The IP Beacon, June 2009
"The IP Beacon" is a Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.
05/14/2009 - Patent Legislation Update
On April 2, 2009, the Senate Judiciary Committee passed the 2009 Patent Reform Bill , clearing the way for a full Senate vote. The bill includes long-awaited reforms, such as a post-grant review procedure and an interlocutory appeal provision for claim interpretation issues.