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Daniel R. Johnson, Attorney and Partner


Dan has extensive trial and appellate experience in patent litigation, copyright litigation, and trademark litigation. This experience includes argument and briefing to trial and appellate tribunals, as well as practice before the United States Patent and Trademark Office, including Trademark Trial and Appeal Board oppositions and cancellation proceedings.

Dan has assisted clients in patent prosecution, copyright prosecution, trademark prosecution and trademark availability searching, trade secret protection, patent licensing, product development agreements, patent infringement and non-infringement opinions.

Prior to becoming a registered patent attorney, Dan worked as an environmental engineer in private practice. His work included contaminated sediment assessments on major rivers within the Great Lakes Basin, hazardous waste identification and characterization, remedial action planning and cost-effectiveness evaluations, capture zone and contaminant transport analysis, remediation system design, installation and monitoring.

While at Marquette University Law School, Dan received numerous academic excellence awards, and clerked for the Honorable Marianne Becker, and served as an intern clerk for the Honorable John L. Coffey of the United States Court of Appeals, Seventh Circuit. Dan also assisted in drafting portions of a textbook regarding international intellectual property law.

Dan was recently selected as a Wisconsin Super Lawyer® Rising Star. This distinction is given to lawyers who have been chosen by their peers and through the independent research of Law & Politics, a lawyer ranking service. All Wisconsin Rising Stars are 40 or younger or have been in practice for 10 years or less. Only 2.5 percent of Wisconsin attorneys are named Rising Stars.

Dan has achieved Martindale-Hubbell BV® Peer Review Rating.
The BV is the highest rating a lawyer can receive who has been admitted to the bar for the number of years Daniel has.

Dan's recent litigation includes numerous Court decisions at both the trial and appellate level, including: Brassica Protection Products LLC v. Sunrise Farms, (In Re Cruciferous Sprout Litigation) 301 F.3d 1343 (Fed. Cir. 2002), reh'g denied by, reh'g, en banc, denied by In re Cruciferous Sprout Litig. v. Sunrise Farms, 2002 U.S. App LEXIS 22195 (Fed.Cir., Sept. 30, 2002), Cert. denied Brassica Prot. Prod. LLC v. Sunrise Farms, 2003 U.S. LEXIS 2004 (U.S. Mar. 10, 2003) (represented prevailing sprout farmers against claims of patent infringement, case resulted in claims of the patent in suit being invalidated by both the trial court, and affirmed by the Federal Circuit); More Information

Panduit Corp. v. HellermannTyton Corp., 451 F.3d 819 (Fed.Cir. 2006) (represented Defendant against claims of patent infringement, all claims of patent infringement were dismissed by the trial court, a ruling affirmed on appeal in the Federal Circuit);  More Information

Rubber Stamp Mgmt. v. Kalmbach Publ'g Co., 2007 U.S. Dist. LEXIS 33367, 2007 WL 13677 (D. Wash. 2007) (represented Defendant publishing company, who was granted summary judgment against Plaintiff's claims of trademark infringement; case voluntarily dismissed by Plaintiff immediately thereafter). More Information

WIREdata Inc. v. Village of Sussex, --- N.W.2d ----, 2008 WI 69 (Wis. 2008) (represented prevailing software company and assessor against an open records request seeking database produced by copyrighted computer program). More Information

Practice Areas: Patents and Patent Litigation, Trademarks and Trade Secrets.
Publication and Presentations:

Wisconsin Association of County Corporation Counsel, April, 2007, Electronic Open Records Requests.

Wisconsin State Bar Association, Intellectual Property Section, The Third Door County Intellectual Property Academy, July 2008, Copyrights--WireData v. Village of Sussex.

  Admitted to Wisconsin Bar, 1999; also admitted to practice before U.S. District Court, Eastern and Western Districts of Wisconsin, U.S. Court of Appeals, 7th Circuit, U.S. Court of Appeals, Federal Circuit; registered to practice before U.S. Patent and Trademark Office.
Education: University of Wisconsin, B.S.G.L.E., 1994; B.S.G.&G., 1994; Marquette University, J.D., 1999; Certified Hydrogeologist, State of Wisconsin, 1994.
Member: State Bar of Wisconsin, American Bar Association, Wisconsin Intellectual Property Law Association, Waukesha County Bar Association.
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