Practice focuses on ecommerce, business method and software patent litigation, licensing, prosecution and counseling. Mr. Buroker is Head of the Firm’s 100+ attorney Intellectual Property Practice Group. Mr. Buroker has extensive patent litigation experience with numerous cases dealing with software-related innovations. As a former patent examiner in the software arts, Mr. Buroker also advises clients on preparing patent applications in the software arts to maximize their enforceability and value as a corporate asset. Mr. Buroker has also litigated trade secret and ownership disputes over intellectual property. His experience in litigation and prosecution has enabled him to handle numerous reexamination proceedings, including reexaminations of numerous patents concurrently involved in litigation. He also has experience in litigating or prosecuting patents in other technologies, including electronics, wireless communications systems, lighting systems, data communications, mechanical systems, photo-detectors, banking and payment systems and consumer goods.
Relevant Experience 
- Lead counsel for patent holder in Energy Transportation Group, Inc. v. Sonic Innovations, Inc. et al., Civ. Act. 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. The case is in post-trial briefing.
- Lead counsel for defendant Interactive Communications International, Inc. in TGIP, Inc. v. AT&T et al., (E.D. Texas) (Judge Ron Clark). After obtaining summary judgment of non-infringement on majority of products at issue, negotiated settlement terms resulting in dismissal prior to trial (2007).
- Trial counsel for patent-owner ePlus in ePlus, Inc. vs. Ariba, Inc., Civil Action No. 1:04-cv-612. The jury returned a verdict finding Ariba to have willfully infringed all of the claims at issue from the three software-related patents-in-suit. Following the jury's verdict, the parties entered into a settlement and license agreement pursuant to which Ariba paid ePlus $37M.
- 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.
- Lead counsel for defendant Interactive Communications International, Inc. in Alexsam v. FSV Payment Systems Ltd. et al., Civ. Act. No. 2-03CV-337 (E.D. Texas) (Judge John T. Ward). After favorable Markman ruling to defendants on computer-based system for phone cards, negotiated favorable settlement terms resulting in dismissal (2005).
- Counsel for patent owner in two cases involving online lottery systems: Ingenio, Filiale de Loto-Quebec, Inc. v. GTech Corp., Civ. Act. No. 04-134 (KAJ) (D. Del.) and Ingenio, Filiale de Loto-Quebec, Inc. v. GameLogic, Inc. and Scientific Games Corp., Civ. Act. 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. Civ. Act. 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.
- Developing and maintaining software patent portfolios for numerous software and ecommerce companies.
- Prepared and prosecuted numerous patents that have been enforced in court.
- Represented MicroStrategy, Inc. in multiple reexaminations of two litigated software patents, resulting in affirmance of all claims by the Patent and Trademark Office.
- Representing NTP, Inc. in reexamination of eight patents, including five patents involved in NTP, Inc. v. Research In Motion, Inc. patent dispute related to Blackberry devices, ongoing.
- Extensive experience litigating patent cases in the Eastern District of Virginia and other courts where patent cases are common, including the District of Delaware, the Central District of California and the Eastern District of Texas.
Background
- Law Clerk, Hon. William C. Bryson, U.S. Court of Appeals, Federal Circuit, 1996-97
- Patent Examiner, U.S. Patent and Trademark Office, 1992-93
Membership
- Member, Virginia State Bar
- Member, District of Columbia Bar
- Admitted to Practice: United States Supreme Court, U.S. Court of Appeals for Fourth and Federal Circuits, U.S. Court of Federal Claims, U.S. District Courts for District of Columbia and Eastern District of Virginia
- Registered to practice before the U.S. Patent and Trademark Office.
- Member, American Intellectual Property Law Association
- Member, American Bar Association
- Past President, Patent Lawyers' Club of Washington
- Member, Business Method and Software Patent Section of Intellectual Property Owners Association
Education - J.D., Georgetown University, magna cum laude, 1996
- B.S., NC State University, cum laude, Electrical Engineering, 1992
- B.S., NC State University, cum laude, Computer Engineering, 1992
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