Attorney User
Education
Honors
Awards & Honors
In a survey of her peers published in Los Angeles Magazine, Ms. Burgess was named as one of the "Top Women Attorneys in Southern California" (2014 & 2015).
In a survey of her peers published in Super Lawyers magazine, Ms. Burgess was named as one of Southern California’s “Rising Stars” in intellectual property law (2014 & 2015).
Telephone
Office Location(s)
Professional Profile
Cheryl T. Burgess is a partner in the firm’s Orange County office. Ms. Burgess represents various clients in all aspects of intellectual-property disputes, including those involving patents, trademarks, and copyrights. Her practice focuses primarily on patent litigation cases related to electronics and semiconductor technology but her representative matters also include medical devices, real-estate transaction management, and communication networks related technologies. Ms. Burgess is a registered patent attorney, licensed to practice before the United States Patent and Trademark Office.
Before joining the firm in 2007, Ms. Burgess served as a law clerk to the Honorable Alvin A. Schall, Circuit Judge of the United States Court of Appeals for the Federal Circuit from 2006-2007, and was a litigation law clerk in the Fish & Neave Intellectual Property Group of Ropes & Gray LLP from 2004-2006.
Prior to attending law school, Ms. Burgess was an officer in the United States Air Force where she directed overhead signals intelligence collection for a joint agency, multi-service space operations center and performed systems engineering and acquisition management on the Air Force Satellite Control Network.
Ms. Burgess became a partner in 2013.
Clerk Experience
Law clerk to the Honorable Alvin A. Schall, Circuit Judge of the U.S. Court of Appeals for the Federal Circuit, 2006-2007
Specializing In
Cases, Articles, Speeches & Seminars
Cases For Plaintiff
AutoAlert, Inc. v. DealerSocket Inc., 13-cv-00657 (C.D. Cal. 2013). Counsel for plaintiff and patent owner AutoAlert in a patent infringement suit involving systems and methods for assessing and managing automotive financial transactions. Obtained settlement of the case on a confidential basis prior to trial.
AutoAlert, Inc. v. Dominion Dealer Solutions, LLC, et al., 12-cv-01161 (C.D. Cal. 2012). Counsel for plaintiff and patent owner AutoAlert in a patent infringement suit involving systems and methods for assessing and managing automotive financial transactions. Obtained settlement of the case on a confidential basis prior to trial.
Schindler Elevator Corp. v. Otis Elevator Co., 06-cv-5377 (S.D.N.Y. 2011). Trial counsel for plaintiff and patent owner Schindler in 3 week jury trial in which jury answered all 33 questions on the verdict form in Schindler’s favor and Court entered permanent injunction against Otis. Previously represented Schindler in an appeal overturning an erroneous claim construction and obtained reversal of noninfringement ruling. See 593 F.3d 1275 (Fed. Cir. 2010). After remand, successfully defeated Otis’s renewed motion for summary judgment of noninfringement, along with all other related motions. See 2010 U.S. Dist. LEXIS 110313 (S.D.N.Y. Oct. 6, 2010).
MarketLinx, Inc. v. Industry Access, Inc. and Instanet Solutions, 11-cv-00562 (D. Del. 2011). Counsel for plaintiff and patent owner MarketLinx in patent infringement suit involving a computer system for performing real estate transactions over a computer network. Obtained settlement of the case on a confidential basis prior to trial.
2-Way Computing, Inc. v. Sprint Nextel Corp. et al., 11-cv-00012 (D. Nev. 2011). Counsel for plaintiff and patent owner 2-Way Computing in a patent infringement suit involving two-way audio communications over a computer network. The case settled on a confidential basis prior to trial.
Cases For Defendant
Dominion Dealer Solutions, LLC. v. AutoAlert, Inc. (IPR2013-00220; IPR2013-00222; IPR2013-00223; IPR2013-00224; IPR2013-00225). Counsel for patent owner AutoAlert in five inter partes review proceedings challenging patentability of AutoAlert’s patents involving systems and methods for assessing and managing automotive financial transactions. Successfully opposed petitions for inter partes review, resulting in PTAB denials of all five petitions and decisions declining to institute trial.
Uniloc Luxembourg S.A., et al. v. Rosetta Stone Ltd., 12-cv-00230 (E.D. Tex. 2012). Counsel for defendant Rosetta Stone in patent infringement action relating to method and system for prevention of piracy of a given software via a communications network. Obtained settlement of the case on a confidential basis prior to trial.
Computer Software Protection LLC v. Autodesk, Inc., 12-cv-00451 (D. Del. 2012). Counsel for defendant Computer Software Protection in patent infringement action relating to system for controlling use of licensed software. Obtained settlement of the case on a confidential basis prior to trial.
Industry Access, Inc. v. CoreLogic, Inc. et al., 11-cv-00473 (C.D. Cal. 2011). Counsel for defendant CoreLogic in patent infringement suit involving a computer system and method for network interchange of data and information related to real estate transactions. Obtained settlement of the case on a confidential basis prior to trial.
SkyHawke Technologies, LLC v. Deca International Corp., 10-cv-00708 (S.D. Miss. 2010). Counsel for defendant Deca in patent infringement action relating to personal DGPS golf course cartographer and navigator. Successfully obtained a stay of the case pending inter partes and ex parte reexaminations of the patents-in-suit. The case is currently stayed.
Toshiba Corporation v. Wistron Corporation, Investigation No. 337-TA-705 (U.S. I.T.C. 2010). Counsel for defendant Toshiba in ITC investigation (and a parallel district court action) involving patents on computer hardware and software features. Just before trial and after defeating each summary judgment motion brought by Wistron, the case settled with Wistron paying for a license under Toshiba’s patents.
Linex Techs., Inc. v. Belkin Int'l, Inc. 2:07-cv-222 (E.D. Tex. 2008). Counsel for defendant Toshiba in patent infringement lawsuit involving patent asserted by Linex against multiple defendants related to a system and method for transmitting a plurality of spread-spectrum signals, radiated by a plurality of antennas, over a communications channel having fading. Successfully obtained a favorable ruling on inadequacy of Plaintiff’s infringement contentions. See 628 F. Supp. 2d 703, 712 (E.D.Tex. 2008). Obtained settlement of the case on a confidential basis prior to trial.
Camp Scandinavia AB v. Trulife, Inc. 5:07-cv-14925 (E.D. Mich. 2007). Counsel for plaintiff and patent owner Trulife in patent infringement lawsuit involving patent related to an ankle foot orthotic product. Successfully defeated Plaintiff’s motions for summary judgment of infringement and validity. See No. 07–14925, 2009 WL 3818187 (E.D. Mich. 2009). Obtained settlement of the case on a confidential basis just before trial.
SynQor, Inc. v. Artesyn Technologies, Inc. et al. 2:07-cv-00497 (E.D. Tex. 2007). Counsel for defendant Cherokee in patent infringement action asserted by SynQor against multiple defendants involving three patents related to bus convertors and non-isolated point of load convertors used in intermediate bus architectures.
Kathrein-Werke KG v. Radiacion Y Microondas S.A., et al. 1:07-cv-02921 (N.D. Ill. 2007). Counsel for defendant RYMSA in patent infringement action relating to high-frequency phase shifter units having a pivotable tapping element. Obtained denial of plaintiff’s motion for summary judgment of no inequitable conduct. See 2011 U.S. Dist. LEXIS 113778 (N.D. Ill. 2011). Obtained settlement of the case on a confidential basis prior to trial.
Articles, Speeches & Seminars
Moderator, "Design Patent Litigation - The Next Frontier," AIPLA Patent Litigation Committee Online Education Subcommittee sponsored event
Professional Memberships
Registered Patent Agent, 55,030, February, 2004
Federal Circuit Bar Association
American Intellectual Property Law Association; currently serving as AIPLA Patent Litigation Committee Online Education Subcommittee co-chair
Orange County Bar Association