Kevin Burgess is a principal in McKool Smith’s Austin office. Kevin focuses on commercial litigation involving complex technical matters, particularly patent infringement disputes. His experience includes successfully representing Ericsson against Apple in a number of infringement actions in Texas and California district courts and in front of the International Trade Commission. Kevin’s clients also include Nokia Technologies and PanOptis, among others.
Kevin is recognized as a leading U.S. patent litigator by many of the country’s major legal rankings and directories, including Chambers USA, Benchmark Litigation, and Best Lawyers. A recent edition of Chambers USA notes that he "has excelled in defense and plaintiff infringement actions, frequently involving very complex technical applications.”
Kevin is a fellow of the Litigation Counsel of America (LCA). Prior to joining McKool Smith, he served as a judicial clerk to the Honorable William C. Bryson, U.S. Court of Appeals for the Federal Circuit.
- Ericsson. Ericsson Inc. et al. v. Apple Inc. Represented Ericsson in a global, portfolio-wide, FRAND licensing dispute against Apple, including an investigation before the International Trade Commission (ITC) as well as lawsuits in Texas and California federal courts. The matters settled on confidential terms in December 2015.
- Ericsson. Samsung v. Ericsson. Represented Ericsson in a patent infringement dispute against Samsung in the International Trade Commission (ITC) involving standard essential and implementation patents related to LTE, WCDMA, GSM/GPRS/EDGE, and 802.11 wireless technology. The parties settled on confidential terms in January 2014.
- PanOptis. PanOptis v. Huawei. Represented PanOptis as Lead Counsel in a suit filed against Huawei for patent infringement involving wireless telecommunication and video coding technologies and a separate bench trial on FRAND licensing. After a 4 day jury trial, the jury found the patents valid and infringed, and awarded enhanced damages.
- i4i Limited Partnership and Infrastructures for Information Inc. i4i Limited Partnership v. Microsoft Corporation (E.D. Tex.). Represented i4i Limited Partnership and Infrastructures for Information Inc. in a suit filed against Microsoft Corporation for patent infringement involving a method and system for manipulating architecture and content of a document separately from each other. After an eight-day trial, the jury found the patent valid and infringed, rendering a substantial verdict in favor of i4i Limited Partnership and Infrastructures for Information Inc.
- Eolas. Eolas v. Amazon et al. Represents Eolas in a patent infringement action against multiple defendants involving embedding interactive objects in web pages.
- Odyssey Wireless. Represented Odyssey Wireless against Apple, Samsung, LG, and Motorola in a patent infringement lawsuit involving technology related to the LTE standard, including frequency hopping and carrier aggregation. The matter settled on confidential terms prior to trial.
- Medtronic Vascular, Inc. Medtronic Vascular, Inc. v. Boston Scientific et al. Part of the trial team that won a substantial jury verdict on behalf of Medtronic in a patent infringement lawsuit alleging infringement of Medtronic patents covering the design of balloon angioplasty catheters and polymers used to build those catheters. This lawsuit settled after judgment was entered by the district court.
- National Instruments. National Instruments v. The MathWorks. Represented National Instruments in a patent infringement action involving graphical programming software. Kevin was part of the trial team that won a jury verdict of infringement and no invalidity, which was upheld by the Federal Circuit on appeal.
- Ericsson. Ericsson v. Harris; Digcom v. Ericsson. Represented Ericsson in a number of patent infringement actions in district court and in front of the International Trade Commission involving digital modulation and cellular communication technologies.
- Wi-LAN Inc. Wi-LAN v. Acer et al.; Wi-LAN v. Research in Motion et al. Represents Wi-LAN Inc. in multiple patent infringement actions involving Wi-Fi, CDMA2000, Bluetooth, and other wireless technologies. American Video Graphics. American Video Graphics v. Microsoft; American Video Graphics v. Hewlett-Packard Co., et al.; American Video Graphics v. Electronic Arts, Inc. et al.; American Video Graphics v. Sony Online Entertainment Inc. et al. Represented AVG in patent infringement actions involving computer graphics and operating system software.
- East Texas Technology Partners. ETTP v. Toshiba America, et al. Represented ETTP in a patent infringement action involving computer modem technology.
- Parental Guide. Parental Guide v. Funai et al. Represented plaintiff, Parental Guide, in patent infringement action involving V-Chip technology.
Rankings & Honors
- Ranked as a leading intellectual property lawyer by Chambers USA since 2012. The 2019 edition notes that he is "very strong technical background," with one source describing him as "the guy who understands the tech at issue and fits the arguments around those types of patent issues."
- Recognized by "Best Lawyers in America" for Intellectual Property and Patent Litigation, 2015-2020
- Fellow of the Litigation Counsel of America (LCA)
- Named to the list of Texas Super Lawyers for Intellectual Property litigation, 2012-2016
- Named a Super Lawyers "Rising Stars" in Texas, 2006, 2007, and 2008
Media & Events
- Media Coverage: McKool Smith Secures $13 Million Patent Infringement Verdict for PanOptis Against Huawei03.19.2019
- McKool Smith and Wi-LAN Inc. Resolve Patent Litigations Against World's Leading Technology Providers02.22.2011
J.D., summa cum laude, The Ohio State University, 1998
Ph.D., Electrical Engineering, The Ohio State University, 1995
M.S.E.E., The Ohio State University, 1992
B.S.E.E., The Ohio State University, 1990
- State of Texas
- The U.S. Court of Appeals for the Federal Circuit
- The U.S. District Courts for the Northern, Eastern, and Western Districts of Texas
- The U.S. Patent and Trademark Office
- American Intellectual Property Law Association
- American Bar Association
- Federal Circuit Bar Association
- State Bar of Texas
- Travis County Bar Association