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Kevin Burgess


Kevin Burgess

 


kburgess@caldwellcc.com
Direct Line: (214) 888-4858
2121 N. Pearl St.
Suite 1200
Dallas, Texas 75201

Education
The Ohio State University Moritz College of Law
J.D, summa cum laude, 1998

The Ohio State University
Ph.D., Electrical Engineering, 1995

The Ohio State University
M.S.E.E, 1992

The Ohio State University
B.S.E.E., 1990



Kevin Burgess is a principal at Caldwell Cassady & Curry. Mr. Burgess is a trial lawyer who focuses on commercial and intellectual property matters. He has represented clients in courts across the nation, as well as in the U.S. International Trade Commission.

Mr. Burgess has earned multiple professional honors based on his work in commercial disputes and intellectual property lawsuits. He has been named to the annual Texas Super Lawyers list of the state’s leading lawyers by Thomson Reuters’ legal division since 2012. He previously claimed multiple selections to the companion Texas Rising Stars list of the state’s top young attorneys.

He also has been honored in the Chambers USA and Benchmark Litigation listings, in addition to being included in The Best Lawyers in America since 2014 based on nominations from his peers.

Prior to joining Caldwell, Cassady, Curry, Mr. Burgess was a principal at McKool Smith, where he managed the firm’s Austin office and served on the firm’s management board.

He previously served as a judicial clerk to the Hon. William C. Bryson in the U.S. Court of Appeals for the Federal Circuit in Washington, D.C.

He is a member of the American Intellectual Property Law Association, American Bar Association, Federal Circuit Bar Association, and Travis County Bar Association.

In addition to Texas state district courts, Mr. Burgess is admitted to practice before the U.S. Court of Appeals for the Federal Circuit; the U.S. District Courts for the Northern, Eastern and Western Districts of Texas; and the U.S. Patent and Trademark Office.

 

Representative Matters

 

PanOptis v. Huawei
Mr. Burgess represented Texas-based PanOptis as lead counsel in a 2018 trial win against China-based Huawei Technologies Ltd. that included a separate bench trial focusing on FRAND licensing issues. Jurors in the U.S. District Court for the Eastern District of Texas assessed $10.6 million in damages against Huawei after finding that the company willfully infringed multiple PanOptis patents that cover wireless communications and video-coding technology. The trial court awarded PanOptis an additional $2.6 million in enhanced damages and ordered Huawei to pay ongoing royalties through the life of the contested patents.

i4i v. Microsoft
Mr. Burgess represented Canada-based software company i4i Limited Partnership in a 2007 patent infringement trial against technology giant Microsoft Corp. The trial in the U.S. District Court for the Eastern District of Texas focused on Microsoft’s infringement of an i4i patent covering document-formatting technology. The trial court affirmed the jury’s decision to award i4i a $200 million damages verdict before adding an additional $90 million in enhanced damages and interest. The court also issued a permanent injunction prohibiting Microsoft from further infringing the i4i patent. The $290 million judgment was upheld in a decision from the U.S. Supreme Court in 2011.

Odyssey Wireless Inc. v. LG Electronics USA Inc., et al.
Mr. Burgess represented Odyssey Wireless Inc. in the company’s patent infringement litigation against Apple Inc., Samsung, LG Electronics USA Inc., and Motorola Inc. in the U.S. District Court for the Southern District of California. The lawsuit centered on the defendant companies’ infringement of an Odyssey Wireless patent covering the LTE standard used in wireless broadband communications. Prior to trial, the parties agreed to settle the case on confidential terms.

Medtronic Vascular Inc. v. Boston Scientific Corp., et al.
Mr. Burgess represented Minnesota-based medical device company Medtronic Vascular Inc. in its patent infringement lawsuit against Massachusetts-based Boston Scientific Corp. In 2008, a jury in the U.S. District Court for the Eastern District of Texas awarded Mr. Burgess’ client a $250 million verdict after finding that Boston Scientific infringed three separate Medtronic patents used in balloon angioplasty catheters. The case was settled after the trial court entered judgment.

WiLAN Inc. Patent Infringement Litigation
Mr. Burgess represents Canada-based intellectual property company WiLAN Inc. in the company’s patent infringement actions covering various wireless technologies, including Wi-Fi, Bluetooth, and the CDMA2000 mobile technology standards.

National Instruments Corp. v. The MathWorks Inc.
Mr. Burgess represented Texas-based National Instruments Corp. in a 2003 federal patent infringement trial against Massachusetts-based mathematical computing software company The MathWorks Inc. A jury in the U.S. District Court for the Eastern District of Texas found that MathWorks infringed three different National Instruments patents covering software used to create dataflow diagrams. The judgment entered by the trial court was affirmed by the U.S. Court of Appeals for the Federal Circuit in 2004.