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Brian M. Buroker

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Partner
Washington,  DC  U.S.A.
Phone+1 202.955.8541

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Experience & CredentialsOther Offices
 

Practice Areas

  • Litigation
  • Information Technology and Data Privacy
  • Media, Entertainment and Technology
  • Intellectual Property
  • Life Sciences
 
University North Carolina State University, Bachelor of Science, Electrical Engineering/Computer Engineering, 1992; Georgetown University, Juris Doctor, magna cum laude, 1996
 
Admitted1996, Virginia; 1997, District of Columbia; U.S. Supreme Court; U.S. Courts of Appeals for the Federal and Fourth Circuits; U.S. District Courts for the Eastern District of Virginia and the Eastern District of Texas; U.S. Court of Federal Claims
 
BornAugust 5, 1969
 
Biography

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, argued cases at the Federal Circuit and handled complex patent reexaminations.

Mr. Buroker's concentration is on 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. Mr. Buroker was ranked as an "Up and Coming Patent Litigator" in Washington, D.C. by Chambers USA in 2010. 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, and the Southern District of New York. He has also argued 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.

Representative Matters*

· Lead 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 patents.

· Lead counsel for The New York Times in Helferich Patent Licensing, LLC v. The New York Times (N.D. Ill.) (ongoing).

· Lead counsel for Capital One Services, LLC in numerous matters, including LML Patent Corp. v. Capital One, et al. (E.D. Tex.) (resolved).

· Lead counsel for patent holder in Energy Transportation Group, Inc. v. Sonic Innovations, Inc. et al., Civil Action No. 05-422 (GMS), 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.

· 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.

 
ISLN912257332
 
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Office Information

Brian M. Buroker
Gibson, Dunn & Crutcher LLP
1050 Connecticut Avenue, N.W.
Washington, DC 20036-5306




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