Kevin Burgess

Kevin Burgess is a principal in McKool Smith’s Marshall office. His focuses on trying patent cases. His courtroom experience and deep technical background allow him to forge winning connections with judges and juries, making arcane technology--and the human stories it often obscures--accessible and compelling. Kevin has successfully tried many cases for patentees, including those in which his teams obtained nine-figure verdicts for Mojo Mobility (wireless technology), i4i (software), Medtronic (medical devices), ParkerVision (radio-frequency transceivers), and NetList (high-performance memory). Recently, Kevin secured a massive $1.4 billion settlement on behalf of the State of Texas against Meta Platforms/Facebook in a suit alleging that Facebook unlawfully captured the biometric identifiers of Texans for a commercial purpose without their informed consent, disclosed those identifiers to others, and failed to destroy collected identifiers within a reasonable time. Kevin also has successfully represented Ericsson in the International Trade Commission against Apple and Samsung in global disputes involving portfolios of standard-essential and non-standard-essential cell phone patents.

Kevin is recognized as a leading U.S. patent litigator by many of the country’s major legal rankings and directories, including Chambers USA, Benchmark Litigation, and Best Lawyers.  A recent edition of Chambers USA notes that he "has excelled in defense and plaintiff infringement actions, frequently involving very complex technical applications.”  

Kevin is a Senior Fellow, Litigation Counsel of America (LCA) and is also a member of the Trial Law Institute and Diversity Law Institute.  Prior to joining McKool Smith, he served as a judicial clerk to the Honorable William C. Bryson, U.S. Court of Appeals for the Federal Circuit.