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Education
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Awards & Honors
- Named a "Southern California Rising Star" by Super Lawyers magazine for her work in intellectual property litigation (2014-2016)
- Named one of the "Top Women Attorneys in Southern California" in a survey of her peers published in Los Angeles magazine (2014, 2015)
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Professional Profile
Cheryl T. Burgess is a successful litigator and appellate specialist who represents clients in all aspects of intellectual property disputes. Cheryl is an electrical engineer and registered patent attorney, licensed to practice before the United States Patent and Trademark Office. She is consistently recognized by Los Angeles Magazine as one of the "Top Women Attorneys in Southern California" and by Super Lawyers magazine as one of Southern California’s “Rising Stars” in intellectual property law.
Cheryl’s practice includes all aspects of intellectual property disputes with a focus on patent, trademark, and copyright infringement lawsuits, Federal Circuit appeals, and post grant proceedings before the Patent Office (including inter partes reviews (IPR), covered business method (CBM) reviews, and reexaminations). She has acted as counsel in intellectual-property cases before multiple federal district courts, the Court of Appeals for the Federal Circuit, the International Trade Commission, and the Patent Trial and Appeal Board.
She has litigated cases involving a variety of technologies and products including consumer electronics, computer software, medical devices, integrated circuits, real-estate transaction management systems, wireless communication networks and devices, automotive financial transactions, elevator destination dispatching systems, emergency communication networks, software piracy prevention software, GPS golf course cartographers and navigators, consumer beverages, and clothing. In addition to her litigation practice, Cheryl does opinion work and advises clients on a variety of intellectual property matters, including licensing and patent procurement strategies and strategies to settle disputes without litigation.
Before joining the firm in 2007, Cheryl served as a law clerk to the Honorable Alvin A. Schall, Circuit Judge of the United States Court of Appeals for the Federal Circuit, and was a litigation law clerk in the Fish & Neave Intellectual Property Group of Ropes & Gray LLP. She currently teaches courses in advanced Federal Circuit appellate patent law for the nationally recognized Patent Resources Group.
Prior to attending law school, Cheryl 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.
Cheryl received her law degree from the George Washington University Law School, and bachelor degree in electrical engineering from Boston University. She 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
- Speaker, "Weekly Appellate Report Podcast," Daily Journal (June 2016)
- Speaker, “Patent Local Rules,” Howard T. Markey Inn of Court (November 2015)
- Panel member, “Inter Partes Review Strategy and Practice,” Howard T. Markey Inn of Court (October 2014)
- Moderator, "Design Patent Litigation - The Next Frontier," AIPLA Patent Litigation Committee Online Education Subcommittee sponsored event
Professional Memberships
- Howard T. Markey American Inn of Court
- 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
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