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Overview

Kevin Burgess is a principal in McKool Smith’s Austin office. He focuses on commercial litigation involving complex technical matters, particularly patent infringement disputes. Prior to joining McKool Smith, Kevin was an associate at Brobeck, Phleger & Harrison. He also served as a judicial clerk to the Honorable William C. Bryson, U.S. Court of Appeals for the Federal Circuit.

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). The fellowship is invitation only and comprised of less than one-half of one percent of American lawyers. Fellows are selected based upon effectiveness and accomplishment in litigation and reputation.

Experience

Representative Matters

  • Ericsson. Ericsson Inc. et al. v. Apple Inc. Represented Ericsson in a global, portfolio-wide, FRAND licensing dispute against Apple, including lawsuits in Texas and California federal courts as well as an investigation before the International Trade Commission (ITC). The matters settled on confidential terms in December 2015. 

  • i4i Limited Partnership and Infrastructures for Information Inc. i4i Limited Partnership v. Microsoft Corporation (E.D. Tex.). Represents 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. Adobe et al. Represents Eolas in a patent infringement action against multiple defendants involving embedding interactive objects in web pages.

  • 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. Samsung v. 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. 

Recognition

Rankings & Honors

  • Ranked as a leading intellectual property lawyer by Chambers USA since 2012. The 2016 edition notes that "his ability to analyze and research is tremendous."
  • Recognized by "Best Lawyers in America" for Intellectual Property and Patent Litigation, 2015-2017
  • 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

News & Events

News

Education

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

Court Admissions

  • 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

Bar Associations

  • American Intellectual Property Law Association
  • American Bar Association
  • Federal Circuit Bar Association
  • State Bar of Texas
  • Travis County Bar Association
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