Kevin C. Burgess

Professional Summary — Kevin C. Burgess

Specialty / focus areas. Burgess's practice is concentrated in patent infringement trials, with a technical emphasis on electrical engineering and standards-based wireless technology. Representative matters span wireless charging (Mojo Mobility), LTE/WCDMA/GSM and 802.11 SEP and implementation patents (Ericsson/Samsung ITC), RF transceivers (ParkerVision), memory (NetList), software and document architecture (i4i), web/interactive content (Eolas), medical devices (Medtronic Vascular), and graphical programming software (National Instruments). His background is unusually technical: a Ph.D. in electrical engineering alongside his law degree. Chambers USA has described him as having "excelled in defense and plaintiff infringement actions, frequently involving very complex technical applications."

Side preference. The tracked case list shows a single appearance, on the defendant side (Uniloc USA, Inc. et al. v. Sony Corporation of America et al., as lead counsel for a McKool Smith client). That one-case sample understates the picture: publicly reported matters show a predominantly patentee/plaintiff-side trial practice — Mojo Mobility, NetList, PanOptis, ParkerVision, i4i, Eolas, National Instruments — alongside defense work for operating companies such as Ericsson and Seven Networks (in the N.D. Cal. Intel/Apple v. Fortress/Uniloc declaratory judgment action). The 2026 launch announcement for his new firm describes the group as "proven first-chair trial capability on both sides of the docket." On the record available, he is best described as a two-sided patent trial lawyer with heavier plaintiff/patent-owner experience.

Firm context. The case list places him at McKool Smith, where he spent roughly two decades (Austin and Marshall offices), departed in April 2020 for Caldwell Cassady & Curry PC, and returned to McKool Smith as a Principal in Marshall in January 2023. Reported press coverage from September 2026 indicates he has since left McKool Smith with Joshua Budwin, Richard Kamprath, and John Campbell to launch Budwin Kamprath Burgess & Campbell, a Dallas/Austin/Marshall IP boutique focused on high-stakes patent disputes and licensing campaigns; that move postdates the case-list snapshot, which still reflects McKool Smith.

Notable matters / outcomes. Reported results include a $192 million willful-infringement verdict for Mojo Mobility against Samsung (Sept. 2024, wireless charging); the $1.4 billion settlement for the State of Texas against Meta/Facebook (2024, biometric-identifier claims — reported as the largest settlement ever secured by a single state); a $303 million E.D. Tex. verdict for NetList against Samsung (2023); the i4i v. Microsoft verdict in E.D. Tex. (later affirmed through the Federal Circuit and upheld by the Supreme Court in 2011); and a jury finding of validity/infringement with enhanced damages for PanOptis against Huawei (as lead counsel), plus separate FRAND bench proceedings. He also represented Ericsson in ITC and district court disputes against Apple and Samsung (settled 2015 and 2014 respectively). He remains counsel of record in ParkerVision's long-running Federal Circuit litigation against Qualcomm.

PTAB / IPR. I did not find verified evidence that Burgess appears regularly in IPR/PGR proceedings; his reported practice profile emphasizes jury trials, ITC investigations, and Federal Circuit appeals, and no IPR authorship or petitioner/patent-owner filings attributable to him surfaced in the sources reviewed. Treat IPR activity as unconfirmed rather than established.

Bar / education. Admitted in Texas (1998); U.S. Court of Appeals for the Federal Circuit; U.S. District Courts for the Northern, Eastern, and Western Districts of Texas; registered before the USPTO. J.D., summa cum laude, and Ph.D. in Electrical Engineering (plus M.S.E.E. and B.S.E.E.), The Ohio State University. Clerked for Judge William C. Bryson, U.S. Court of Appeals for the Federal Circuit; early-career associate at Brobeck, Phleger & Harrison.

Two verification notes: (1) the case list names "Kevin C. Burgess," while every matching source (Texas Bar No. 24006927, McKool Smith, Marshall/Austin) uses Kevin L. Burgess / Kevin Lee Burgess — I could not confirm a "Kevin C. Burgess" with this profile, so the names may be a variant of the same lawyer rather than two people; (2) I was unable to independently confirm his appearance on the docket of the tracked Uniloc v. Sony matter, so that appearance rests on the case list alone.