Brian Buroker is a partner in Gibson, Dunn & Crutcher's Washington, D.C. office. He is a member of the firm's Intellectual Property Practice, focusing on patent litigation, appeals and complex patent issues, having tried patent cases, litigated many patent cases to resolution, argued cases at the Federal Circuit and handled complex patent reexaminations, Post Grant Review proceedings and Inter Partes Review proceedings at the U.S. Patent Office.
Mr. Buroker concentrates on litigation of patents involving computer software, electronics and telecommunications. He has also successfully represented technologies ranging from medical devices to mechanical equipment and semiconductors in a wide variety of patent matters. In 2017, IAM Patent 1000 ranked Mr. Buroker as a top Litigation attorney. Mr. Buroker has been named a 2015 "IP Star" by Managing Intellectual Property magazine. In 2017 and 2013, he was ranked as a Litigation Star in Washington, D.C. by Institutional Investor's Benchmark Litigation Guide. He was also selected by Chambers and Partners in its 2017, 2016, 2014 and 2012 Chambers USA: America's Leading Lawyers for Business Guide as a Leading Lawyer in Intellectual Property in Washington, D.C. and was named a 2012 Washington, D.C. Super Lawyer for intellectual property litigation. He was also recommended by Legal 500 for Patent Litigation: Hi-Tech Electronics/ IT in 2008.
Mr. Buroker has handled patent infringement actions in the most active patent dockets, including the Eastern District of Virginia, Eastern District of Texas, Delaware, Northern District of Illinois, Northern District of California and the Southern District of New York and the United States International Trade Commission. He has also argued and won eight appeals at the U.S. Court of Appeals for the Federal Circuit. He is a former law clerk at the Federal Circuit, having clerked for Judge William C. Bryson.
- Lead trial and appellate counsel for patent holder in Energy Transportation Group, Inc. v. Sonic Innovations, Inc. et al., Civil Action No. 05-422 (D. Del.) and (Fed. Cir.), involving hearing aid patents. The jury returned a verdict for client ETG, finding willful patent infringement and awarded damages of $31 million against two defendants. Argued the Federal Circuit appeal which resulted in affirming the verdict and pre and post-judgment interest bringing the total award to around $44 million.
- Appellate counsel for CLS Bank in CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) and (S. Ct. 2014) . Convinced the Federal Circuit to hear appeal related to patent eligibility of financial services software patent, resulting in a reversal of the panel decision and an affirmance of the district court victory for client CLS Bank.
- Obtained summary judgment on patent exhaustion for The New York Times in Helferich Patent Licensing, LLC v. The New York Times (N.D. Ill. 2013); leading appellate team responding to Helferich's appeal (Fed. Cir. 2014).
- Lead counsel for Capital One Services, LLC in numerous matters, including Pi-Net International (D.Del.) (pending); N5 Technologies (E.D. Va.) (pending); LML Patent Corp. v. Capital One, et al. (E.D. Tex.) (resolved) and others.
- Trial team counsel in pending matters in the Northern District of California and Delaware involving wireless and smartphone technologies.
- Lead appellate and reexamination counsel for NTP, In re NTP, Court of Appeals for the Federal Circuit, combined oral argument on eight separate appeals from the U.S. Patent and Trademark Board of Appeals and Interferences related to eight patent, resulting in reversal of PTO decision denying seven NTP patents.
- Trial and appellate counsel for patent-owner MercExchange in MercExchange vs. eBay et al., Civil Action No. 2:01-CV-736 (E.D. Va.), 275 F. Supp.2d 695 (E.D. Va. 2003), aff'd in part, reversed in part, MercExchange v. eBay, Inc. et al., 401 F.3d 1323 (Fed. Cir. 2005). The jury returned a $35M verdict against defendants eBay and Half.com and found the defendants to have willfully infringed 41 claims in two patents in suit. In 2008, a confidential settlement was reached resolving this case.
- Counsel for patent owner in two cases involving online lottery systems: Ingenio, Filiale de Loto-Quebec, Inc. v. GTech Corp., Civil Action No. 04-134 (KAJ) (D. Del.) and Ingenio, Filiale de Loto-Quebec, Inc. v. GameLogic, Inc. and Scientific Games Corp., Civil Action No. 04-1532 (KAJ) (D. Del.), both settled favorably.
- Lead counsel for all defendants in Ideaflood, Inc. v. About, Inc., United Online, Inc., Mega Web Services, Inc. and MySite, Inc., Civil Action No. CV05-3618-RGK (C.D. Cal.), involving patent on computer system and method for Internet sub-domain registration. Case settled after motion for sanctions against the plaintiff was filed.
- Counsel for patent-owner MercExchange, LLC in MercExchange v. GoTo.com (now Overture, Inc.), Civil Action No. 2:00-CV-826. The case settled favorably in 2001 for $4M shortly after discovery commenced.
- Represented defendant Spaulding in LSI Industries, Inc. v. Spaulding Lighting, Inc. (D. Ohio 2001 and 2002), in a utility patent, design patent and trade dress enforcement action. After having the court dismiss many of the plaintiff's claims, our client settled for a nominal sum.
- Represented plaintiff cfX, Inc. in two trade secret actions related to software for analyzing financial instruments in cfX, Inc. v. CGMS, Inc. et al. (N.Y. Sup. Ct.), and cfX, Inc. v. CGMS, Inc. et al. (D. Mass.), resulting in favorable settlement against defendants.
- Counsel for patent holder in Earth Resources Corporation v. United States (Ct. Cl. 2000). Represented Earth Resources Corporation in a successful enforcement of five patents on bomb and pressurized vessel neutralization technology. The United States took a license to the Earth Resources patents, paying in the high six figures.
* Includes matters handled prior to joining Gibson, Dunn & Crutcher LLP
Mr. Buroker received his Juris Doctor magna cum laude from Georgetown University in 1996, where he served as an editor of The Georgetown Law Journal. He graduated cum laude from North Carolina State University in 1992 with Bachelor of Science degrees in both Electrical Engineering and Computer Engineering, where he was also a Caldwell Scholar.
Mr. Buroker is admitted to practice in the District of Columbia and before the U.S. Supreme Court, the U.S. Courts of Appeals for the Federal and Fourth Circuits, the U.S. District Courts for the Eastern District of Virginia and the Eastern District of Texas, and the U.S. Court of Federal Claims. He is also registered to practice at the United States Patent and Trademark Office.
Speaker, "Panel Discussion: Alice Corp Pty. v. CLS Bank" at the Florida Bar 6th Annual Intellectual Property Law Symposium in Ft. Lauderdale, FL (February 2015)
Speaker, "Alice Arrived and Look What Happened: A review of the Supreme Court's June 2014 decision and its impact on patents" at the New Jersey Intellectual Property Law Association Patent Litigation Seminar in Iselin, NJ (March 2015)