Patent litigation attorney

Katharine Mary Burke

2 tracked appearances — 0 plaintiff · 2 defendant.

Specialty & background

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Katharine Mary Burke is a partner at Baker Botts L.L.P. in Washington, D.C., where she serves as firmwide co-chair of the IP litigation practice. Her practice centers on complex patent and trade-secret litigation, with an electrical-engineering background (B.S.E., Princeton) that maps onto her case mix: mobile telecommunications and cellular standards, mobile operating systems and applications, flash memory, network protocols, multimedia, semiconductors, and medical devices, plus some chemical-manufacturing matters. She has handled matters in federal district courts (notably E.D. Tex. and D. Del.), the U.S. International Trade Commission, and on appeal, and her practice frequently involves coordinating parallel district court, ITC, and foreign proceedings.

On side preference, the authoritative tracked docket record shows her appearing exclusively on the defense side (0 plaintiff / 2 defendant appearances), both on behalf of large operating companies. Her broader web-searchable experience is more balanced but still defense-leaning: she has defended Samsung, IBM, Hewlett Packard Enterprise, Verizon, Limelight, Avigilon, C.R. Bard, and Netflix, while also handling offensive/assertion work for complainants such as Motorola Solutions, Fujifilm, CMC Materials, and Infineon. The two tracked matters are the related E.D. Tex. suits brought by VirtaMove Corp. against HPE (2:24-cv-00093, where she is listed as counsel) and against IBM (2:24-cv-00064, where she is lead counsel); both concern containerization/application-migration patents, with claim construction and discovery disputes still unfolding and no reported final outcome.

Firm context: she is a longtime Baker Botts IP litigator and now co-chairs its IP litigation group. Public reporting indicates she joined Baker Botts from Kirkland & Ellis, where she had been a partner, to bolster the firm's ITC team in Washington — a prior-firm detail sourced to trade press (World IP Review) rather than a firm-published bio, so treat it as reported rather than confirmed by the firm. Notable reported results include an ITC win for CMC Materials against DuPont (exclusion order), an ITC victory for DISH Technologies/Sling TV, an ITC exclusion order against HTC for a consumer-electronics client, defense wins for Samsung in the NVIDIA ITC action and for C.R. Bard in W.L. Gore v. C.R. Bard in D. Del. (summary judgment of non-infringement plus a jury finding of non-infringement and invalidity), and a Netflix matter in which the team obtained summary judgment and shaped precedent on litigation-funding discovery. She is ranked in Chambers USA (Intellectual Property: Litigation – D.C., "Up and Coming") and IAM Patent 1000.

PTAB/IPR experience: she appears regularly in post-grant proceedings as counsel rather than as a one-off — USPTO records show her as back-up counsel on IPR petitions she has signed, including the Motorola Solutions IPRs (e.g., IPR2023-01293) and coordinated IPR/ex parte reexamination work for Samsung in Cypress Lake Software. She was also among counsel handling the VirtaMove-related IPR activity, where competing IPR petitions (e.g., IPR2025-00489/00591/00599) were filed against the asserted VirtaMove patents.

Bar and education: admitted in the District of Columbia (D.C. Bar No. 985333) and to the U.S. Court of Appeals for the D.C. Circuit; J.D., Harvard Law School (2007); B.S.E., Princeton University (2003, magna cum laude).

Firms

Roles

  • Counsel1
  • lead counsel1

Cases (2)