Don O. Burley

Don O. Burley is a seasoned patent litigator at Finnegan, Henderson, Farabow, Garrett & Dunner, with significant experience as a first-chair trial lawyer in jury and bench trials, evidentiary hearings, and arguments. His practice spans a diverse array of technologies, including telecommunications, semiconductors, genetic engineering, chemical distillation processes, and medical devices. While his tracked appearances show a focus on the plaintiff side, representing patentees, his firm profile indicates he represents both patentees and accused infringers.

Throughout his career, Mr. Burley has handled highly complex litigations both at trial and on appeal. Notably, he was counsel and Of Counsel for Uniloc USA, Inc. et al. in Uniloc USA, Inc. v. Microsoft Corporation, a case involving software anti-piracy technology. In this litigation, a jury initially awarded Uniloc $388 million, though the district court later granted a new trial on infringement and willfulness. The Federal Circuit subsequently reinstated the infringement verdict but affirmed a new trial on damages, where it rejected the "25 percent rule of thumb" for calculating patent damages. The case ultimately reached a confidential resolution. Mr. Burley also handled an appeal for an oil-refining equipment manufacturer where a district court's $70 million damages award for trade secret misappropriation was reduced to a "tiny fraction" through settlement after Federal Circuit proceedings.

Prior to joining Finnegan, Mr. Burley served for 16 years as a trial attorney with the U.S. Department of Justice, where he worked in both the antitrust and civil divisions, representing various federal agencies. His firm maintains a robust practice in Patent Trial and Appeal Board (PTAB) invalidation proceedings, including Inter Partes Reviews (IPR) and Post-Grant Reviews (PGR), and appeals from the PTAB.