Kevin Burgess

Kevin Burgess is a Principal in McKool Smith's Marshall, Texas, office, specializing in patent infringement disputes involving complex technical matters. His practice primarily focuses on trial litigation, where he has demonstrated a strong track record representing patentees. While predominantly acting on the plaintiff side, as indicated by his two tracked lead counsel appearances for Nokia Technologies Oy and numerous nine-figure verdicts for patent owners, he has also been recognized for his work in defense infringement actions. He rejoined McKool Smith in 2023, having previously built his practice at the firm for over 20 years before a brief period at Caldwell Cassady & Curry PC.

Mr. Burgess's expertise spans a wide array of technology areas, including wireless charging and telecommunications (Mojo Mobility, Ericsson, Nokia Technologies, Odyssey Wireless, 5G), software (i4i, National Instruments), medical devices (Medtronic), radio-frequency transceivers (ParkerVision), high-performance memory (NetList), OLED display technologies (Pictiva Displays International), and video streaming technologies. His notable case outcomes include securing a $192 million jury verdict for Mojo Mobility against Samsung for wireless charging technology patents, and playing a key role in numerous other nine-figure verdicts for clients such as i4i, Medtronic, ParkerVision, and NetList. He was part of the McKool Smith team that secured a Federal Circuit victory for ParkerVision against Qualcomm in a decade-long dispute and was involved in the global settlement of Nokia Technologies Oy's patent litigation with Amazon concerning video streaming technology, which followed infringement findings by the US International Trade Commission and German courts.

He has significant experience in disputes involving standard-essential patents (SEPs) and non-standard-essential patents, including successfully representing Ericsson in International Trade Commission (ITC) investigations against Apple and Samsung. While specific individual IPR/PTAB experience is not detailed, the firm, McKool Smith, has a strong presence in PTAB proceedings, notably achieving a high win rate for patent owners, and Mr. Burgess's cases have involved IPR proceedings as part of their history.

Mr. Burgess holds a J.D., summa cum laude, from The Ohio State University (1998), as well as a Ph.D. (1995), M.S.E.E. (1992), and B.S.E.E. (1990), all in Electrical Engineering from The Ohio State University. He served as a judicial clerk to the Honorable William C. Bryson of the U.S. Court of Appeals for the Federal Circuit. He is admitted to practice in Texas, before the U.S. Court of Appeals for the Federal Circuit, and in the Northern, Eastern, and Western Districts of Texas, as well as the U.S. Patent and Trademark Office.