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Overview

R. Darryl Burke is a Principal in the Dallas office of McKool Smith. Darryl has practiced law for more than 20 years and has extensive technical engineering expertise. He is both a trial lawyer and registered patent attorney, with experience in a wide range of legal representations and activities, including corporate, venture capital, patent and trademark prosecution, licensing, and complex multi-party patent litigation. 

Darryl is a licensed professional engineer, with a master's in electrical engineering and technical work experience as an electrical engineer. He previously designed hardware and software systems in the semiconductor and defense industry, which allows him to understand the culture, practice, and context of technical innovations and the value and importance of intellectual property to inventors, owners, and accused infringers alike. Darryl also received a masters' in business administration, which allows him to contribute to the valuation, financing, and investment related to intellectual property, as well as the advertising and marketing assets, products, and services associated with intellectual property.

Darryl worked in-house, as patent counsel, at a high-tech corporation with one of the largest corporate patent departments in the country, where he prosecuted and managed patent portfolios exceeding more than 1,000 patents and patent applications in the United States and around the world, including acquisition, reexaminations, licensing, and associated litigation. Darryl has also prosecuted and managed trademark portfolios exceeding more than 1,000 trademarks and trademark applications at the state and federal level, including acquisition, licensing, opposition, and cancellation proceedings and related litigation.

Darryl has worked as an engineer or a lawyer in the following industries: semiconductor design and manufacture, software design and manufacture, cellular and wireless design and manufacture, computer design and manufacture, electrical utility power generation and distribution (nuclear, coal, solar, and natural gas), natural gas and oil exploration, mining, television, television programming and distribution, video game design, graphics accelerators, microprocessor architecture, digital clocks, digital thermometers, analog devices, concrete and cement, defense, artificial intelligence, pattern recognition, computer vision, image processing, speech and signal processing, recycling, dry cleaning, financial, beverages, professional sports, hunting, fishing, publishing, lighting, and DNA testing.

Experience

Representative Matters

Patent/Trade Secret Matters/Unfair Competition/Industry Standards

  • Wi-LAN Inc. For more than five years, Darryl represented Wi-LAN Inc., a Canadian company, as both plaintiff and defendant. He managed patent litigation against more than 30 companies in the computer, laptop, router, semiconductor, and cellular handset industries in connection with patented wireless technology and numerous wireless industry standards (Wi-Fi, WiMAX, CDMA 2000, EV-DO, HSUPA, and LTE). This litigation was extensive and involved more than 300 depositions and several hundred motions and related hearings. Wi-LAN Inc. v. Acer Inc., et al.; Wi-LAN Inc. v. Research in Motion Corp., et al.; Wi-LAN Inc. v. Westell Technologies, Inc., et al.; Acer America Corp., et al. v. Wi-LAN Inc.; Broadcom Corp., et al. v. Wi-LAN Inc.; Intel Corp. v. Wi-LAN Inc.; Marvell Semiconductor, Inc., et al. v. WI-LAN Inc.; Sony Computer Entertainment America, Inc., et al. v. Wi-LAN Inc.; Wi-LAN v. HTC Corp. et al.; and Wi-LAN v. Apple Inc., et al. 
  • Ericsson. Represented Ericsson, as both plaintiff and defendant, in the groundbreaking patent and trade secret litigation between Ericsson and Qualcomm involving more than ten significant patents pertaining to the IS95 and GSM cellular industry standards, including representation at the United States Patent Office in connection with getting Ericsson’s asserted patents reissued. Ericsson Inc. v. Qualcomm Inc. Represented Ericsson, as defendant, in defense of patent infringement allegations relating to wireless communications. Harris Corp. and Harris Canada Inc. v. Ericsson Inc. and Ericsson Inc. v. Interdigital Corp. Represented Ericsson and Sony Ericsson, as both plaintiff and defendant, in global patent litigation relating to digital cellular technology, partly in connection with the cellular and wireless patents and GSM cellular wireless industry standards. Darryl also represented Ericsson in multiple court actions and two simultaneous International Trade Commission investigations in tandem with parallel litigation pending in the United Kingdom, Netherlands, Germany, and South Korea, involving more than 60 United States and international patents, two hundred depositions, and multiple court and commission hearings. Ericsson Inc., Telefonaktiebolaget LM Ericsson, Sony Ericsson Mobile Communications AB, and Sony Ericsson Mobile Communications (USA) Inc. v. Samsung Electronics Co. Ltd., Samsung Electronics America Inc. and Samsung Telecommunications America L.L.P., Ericsson Inc., and Telefonaktiebolaget LM Ericsson v. Samsung Electronics Co. Ltd., Samsung Electronics America, Inc. and Samsung Telecommunications America L.L.P., and related ITC investigations.
  • Cisco. Represented Cisco, as defendant, in a patent infringement suit involving wireless patents asserted against Wi-Fi industry standards, which included filing of inter parte requests for reexamination with the United States Patent and Trademark Office. Linex Technologies Inc. v. Belkin International, Inc. et al. and Cisco Systems, et al. and Linex Technologies, Inc. v. Belair Networks Inc., et al.
  • American Video Graphics. Represented AVG, as plaintiff, in patent infringement actions for eight patents involving computer graphics and operating system software and video game software, in which Darryl managed the expert investigation, analysis, and review of approximately 20,000 video games and related graphics hardware in personal computers and video game consoles. American Video Graphics Corp., L.P. v. Microsoft Corp.; American Video Graphics v. Hewlett-Packard Co., et al.; American Video Graphics, L.P. v. Electronic Arts Inc. et al.; American Video Graphics, L.P. v. Sony Online Entertainment Inc. et al.
  • Parental Guide of Texas. Represented Parental Guide, the owner and inventor of the V-Chip, in its patent infringement action against the entire television manufacturing industry, including more than 15 television companies and 5,000 products. Darryl was responsible for background investigation, discovery, software review, expert selection and representation, licensing, and mediation. The case settled on the eve of trial and was one of the first major multi-party patent litigations in the Eastern District of Texas. Parental Guide of Texas v. Funai, et al.
  • North American Trade Corp. Represented North American Trade Corp. as defendant in a patent case involving digital recording and telephony functions. Phonetel Communications, Inc. v. North American Trade Corp., et al.
  • Unisonic Products Corp. Represented defendant Unisonic Products Corp. in a patent infringement action involving analog telephone technology. Premier Networks v. Unisonic Products Corp.
  • Intel. Represented Intel, as defendant, against patent claims involving parallel processing, which included a trial and subsequent appeal. Intergraph Corp. v. Intel Corp.
  • Playtex. Represented Playtex, as defendant, in patent infringement litigation involving suntan lotion. IPA v. Playtex Product.
  • P.O. Market. Represented P.O. Market, as plaintiff, against Wal-Mart Stores Inc. in a trade secret action involving theft of trade secrets through trial and subsequent appeal. The P.O. Market, Inc. v. Wal-Mart Stores.
  • Dallas Semiconductor. Represented Dallas Semiconductor, as plaintiff and defendant, in patent infringement action involving integrated circuits.  The case settled on the eve of trial. Dallas Semiconductor Corp. v. Crystal Semiconductor Corp.

Trademark Matters/Unfair Competition/Dilution

  • Dublin Dr. Pepper. Represented Dublin Dr. Pepper, as plaintiff and defendant, and in trademark, unfair competition, dilution, and franchise actions in both state and federal court involving trademarks in the soft drink industry. Dr. Pepper/Seven Up Inc. v. Dr. Pepper Bottling Co. of Dublin, Texas and Dr. Pepper Bottling Co. of Dublin Inc. v. The American Bottling Co., d/b/a Dr. Pepper Bottling Co. of Texas.
  • Coyote Technologies. Represented Coyote Technologies, as defendant, in trademark infringement action in federal involving trademarks in the telecommunications industry.  The case settled during trial. Preformed Line Products v. Coyote Technologies.
  • QuikTrip. Represented QuikTrip in a trademark infringement action in federal court involving trademarks in the convenience store industry. QuikTrip Corp. v. Genenico Distributors.
  • Primeco. Represented PrimeCo Personal Communications, now Verizon, as the trademark owner, which included a Temporary Restraining Order Hearing, involving trademark infringement and anti-dilution of trademarks in telecommunications industry.  The case was successfully appealed to the Court of the Appeals for the Fifth Circuit, which resulted in BellSouth immediately removing objectionable signage and stopping all objectionable advertising.  rimeco Personal Communications, L.P. v. BellSouth Corp.

Recognition

Rankings & Honors

  • Rated “AV Preeminent” by Martindale-Hubbell’s highest ranking by peers for ethical standards and legal ability

Affiliations

Community & Professional Activities

  • Town North YMCA, 2008 Father of the Year, for coaching more than 60 youth soccer, basketball, and baseball sports teams over 15 years
  • Co-chairman, Boy Scouts of America, with Nancy Burke, of Scouting for Food for Circle 10 Council, the fifth largest Boy Scout Council in the United States.  Responsibilities included organization of neighborhood food drive and managing the collection of food in twelve counties in Northern Texas and Southern Oklahoma.  This is one of the largest food drives in the United States every year. Recognized by President George W. Bush and Laura Bush for our collection efforts.
  • Eagle Scout, Cub Scout Packmaster, and Assistant Scoutmaster for more than 10 years

News & Events

Speaking Engagements

  • Lecturer, Cox School of Business, Southern Methodist University, 1994-2001.
    04.03.2014

Articles

Publications

  • R. Darryl Burke, Intellectual Property, Fifth Circuit Survey, 29 Tex.Tech.L.Rev. 711 (1998)
  • R. Darryl Burke, Intellectual Property, Fifth Circuit Survey, 28 Tex.Tech.L.Rev. 621 (1997)
  • R. Darryl Burke, Intellectual Property, Fifth Circuit Survey, 27 Tex.Tech.L.Rev. 859 (1996)
  • R. Darryl Burke, Intellectual Property, Fifth Circuit Survey, 26 Tex.Tech.L.Rev. 701 (1995)
  • R. Darryl Burke, Intellectual Property, Fifth Circuit Survey, 25 Tex.Tech.L.Rev. 735 (1994)

Education

M.B.A., Cox School of Business, Southern Methodist University, 1993

J.D., Dedman School of Law, Southern Methodist University, 1991

M.S., Electrical Engineering, Southern Methodist University, 1988

B.S., Electrical Engineering, Rice University, 1986

Court Admissions

  • State of Texas
  • The U.S. Courts of Appeals for the Federal and Fifth Circuits
  • The U.S. District Courts for the Northern, Eastern, Southern, and Western Districts of Texas
  • The U.S. Patent and Trademark Office

Bar Associations

  • State Bar of Texas
  • American Bar Association
  • Dallas Bar Association
  • Texas Society of Professional Engineers
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