Burwell_Dana

Dana O. Burwell

Dana Burwell’s practice focuses on intellectual property disputes and antitrust litigation. He has represented clients in disputes regarding pharmaceutical therapies and medical devices, smartphones and wireless communication standards, power engineering and semiconductor manufacturing, enterprise storage, content delivery networks, and remote access technology. Mr. Burwell has also represented companies in complex license negotiations, including through mediation and arbitration, as well as trade secret, unfair competition, and breach of contract litigation. His practice includes all aspects of litigation, including pre-suit investigation, discovery, trial and appeals. He has litigated cases in a variety of federal district and appellate jurisdictions, and has appeared before the United States Patent and Trademark Office in inter partes review proceedings.

During law school, Mr. Burwell interned at the United States Attorney’s Office for the Southern District of New York, and served as a judicial intern for the Hon. Susan Y. Illston of the United States District Court for the Northern District of California.

Professional Activities

Mr. Burwell has created educational presentations on Supreme Court and Federal Circuit patent infringement cases, addressing claim construction, infringement, patent eligibility, remedies, jurisdiction and exhaustion.

Experience

  • Represented enterprise storage company in obtaining judgments of invalidity in inter partes review and affirmances on appeal to the Federal Circuit.
  • Represented remote access software company in obtaining jury verdict of noninfringement in the Eastern District of Virginia and summary affirmance on appeal to the Federal Circuit.
  • Represented pharmaceutical company in obtaining summary judgment dismissing Sherman Act Section 1 conspiracy claim in the Eastern District of Pennsylvania regarding Hatch-Waxman settlement agreements.
  • Represented content delivery network company in obtaining dismissal with prejudice in the District of Massachusetts based on contract covering plaintiffs’ acquisition of asserted patents.
  • Represented smartphone maker in obtaining judgment of unenforceability in the Northern District of California based on standard-setting organization misconduct.
  • Represented photolithography machine manufacturer in global litigation and arbitration regarding complex patent license dispute.
  • Represented pro bono client in obtaining asylum based on political persecution in Uganda.

Recognition

Insights & News

Credentials

  • Education

    • JD, New York University School of Law, 2011

      NYU Moot Court Board
    • BSE, Biomedical Engineering, Duke University, 2004

  • Admissions

    • Massachusetts

Credentials