Dana O. Burwell

Dana Burwell's practice focuses on intellectual property and antitrust litigation at the trial and appellate levels. He has represented clients in patent disputes involving life sciences as well as a variety of technologies, including smartphones, power engineering, semiconductors and semiconductor manufacturing, wireless communications and remote access technology. He has also represented companies in trade secret, unfair competition, contract and antitrust matters. His practice has included all aspects of litigation, including fact discovery, expert discovery, settlement, mediation, arbitration, trials and appeals. He has litigated cases in a variety of federal jurisdictions including the District of Massachusetts, the Eastern District of Virginia, the Eastern District of Texas and the United States International Trade Commission. His appellate experience includes appeals in both the United States Court of Appeal for the Federal Circuit and the United States Supreme Court.

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. Before law school, he worked as a paralegal at a Bay Area litigation firm.

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.


Recent Highlights

  • successfully briefed opposition to motion to dismiss inequitable conduct counterclaim in patent infringement litigation in the District of Massachusetts regarding photolithography 
  • successfully briefed motion to exclude plaintiff's damages expert's testimony, and opposition to plaintiff's similar motion, and argued pre-trial evidentiary motions leading to settlement for a global networking company in patent infringement litigation in the Eastern District of Texas
  • successfully briefed motion for summary judgment on Sherman Act Section 1 conspiracy claim in antitrust litigation in the Eastern District of  Pennsylvania regarding Hatch-Waxman settlement agreements
  • successfully briefed motion to dismiss nominal patent owner in patent infringement litigation in the Eastern District of Texas regarding Bluetooth and Wi-Fi technologies, as well as two Federal Circuit appeals and two successful Supreme Court petitions in same litigation
  • represented remote access software company in obtaining a jury verdict of noninfringement in the Eastern District of Virginia, and summary affirmance on appeal to the Federal Circuit
  • obtained favorable settlements in patent infringement litigations in the Eastern District of Texas, District of Delaware, as well as the Federal Circuit
  • represented indigent client in successful application for asylum based on political persecution in Uganda

Insights & News


  • Education

    • JD, New York University School of Law, 2011

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

  • Admissions

    • Massachusetts