Michael L. Burns

Michael L. Burns

Of Counsel
PhiladelphiaWilmington
About

Mike Burns is a former engineer who is passionate about digging into the intersection of technology and law to help his clients win patent litigation. He has over fifteen years of experience handling patent cases.

Mike focuses his practice on patent litigation and patent office trial procedures that review the patentability of issued patents, such as inter partes review. His experience in these areas encompassed various technologies such as computer software and hardware, construction equipment and materials, lighting products, oil and gas measuring tools, medical devices, radio-frequency identification (RFID) products, computer and video games, acoustics, insecticides, and clothing.

Mike also has patent prosecution experience, including drafting applications, responding to office actions, and appealing rejections. He has also prosecuted numerous trademarks and copyrights, and litigated trademark and copyright infringement, trademark cancellation, and unfair competition.

Mike also regularly teaches continuing legal education courses on intellectual property issues.

Areas of FocusConsumer Goods Food and RetailEnergy and Natural ResourcesFinancial ServicesIntellectual PropertyLitigation Arbitration and InvestigationsTechnologyPatent Litigation
Bar admissionsDelawarePennsylvaniaNew JerseyUnited States Patent and Trademark Office
CourtsUnited States District Court for the District of DelawareUnited States District Court District of New JerseyUnited States District Court for the Eastern District of Pennsylvania

EXPERIENCE

The following is an exemplary list of Mike's litigation experience.

  • Tiare Tech. v. The Home Depot – Represented The Home Depot in a dispute over three patents generally directed to mobile ordering and location tracking functionality
  • RICMIC v. Sentrics – Represented Sentrics in a dispute over three patents generally directed to emergency medical call technology
  • Hewlett Packard Enterprise Company v. Inspur Group – Represented Hewlett Packard Enterprise in a dispute over five patents generally directed to computer network technology
  • Caraway Home v. Sensio d/b/a Made by Gather – Represented Made by Gather in a design patent, trade dress, and related business tort case regarding cookware
  • NextGen Innovations v. Fujitsu Network Communications – Represented Fujitsu in a dispute over four patents generally directed to optical networking systems
  • Hutchinson Technology v. Suncall – Represented Hutchinson in a dispute over 18 patents generally directed to hard disk drive technology
  • Diogenes v. DraftKings - Represented Diogenes in a dispute over eight patents generally directed to betting systems
  • CUPP Cybersecurity v. Trend Micro – Represented Trend Micro in a dispute over 17 patents generally directed to computer security software and devices
  • WearForce v. Talon Engineering – Represented Talon in a patent dispute over mining and construction earthmoving machinery
  • Chicago Mercantile Exchange v. Intercontinental Exchange – Defended Intercontinental Exchange (owner of the New York Stock Exchange) from receipt of a cease-and-desist letter through trial in a trademark infringement lawsuit filed by a competitor seeking over US$1 billion in damages; the trial was conducted under pandemic circumstances in 2020, including completing a month-long hybrid remote/live trial
  • McRo Inc. v. Bethesda Softworks – Represented Bethesda in a patent dispute over lip sync technology in video games
Education
  • J.D., Widener University School of Law
    magna cum laude
  • B.A., Civil Engineering, Catholic University of America

Bylines

  • Co-author, "Don't Overlook Evidentiary Issues In Post-Grant Proceedings," Law360, June 14, 2016
  • Author, "What In-House Counsel Need to Know About Inter Partes Review," The Legal Intelligencer, November 5, 2014
  • Co-author, "Creativity Required: Developing a legal strategy to protect fashion in the United States," Law a la Mode, Spring 2013
  • Co-author, "United States Patents: You Have to Play to Win," IGaming Business (UK), May 1, 2013
  • Co-author, "Choosing and Using Trademarks," The Legal Intelligencer, Pennsylvania Law Weekly Section, March 22, 2011

Media Mentions

  • Quoted, "USPTO’s Denver office closure sparks future shutdown concerns," Managing IP, October 27, 2025
  • Quoted, "Entrepreneurs Look to Score Big on Eagles' Trick Play 'Philly Special'," CBS Philadelphia and KYW Radio, February 13, 2018
  • Quoted, "Ahead of Super Bowl, fans fight for trademarks to profit off Eagles-themed gear," The Philadelphia Inquirer, January 29, 2018

Memberships And Affiliations

  • Federal Bar Association

My latest insights

Publication

Inventions behind the music: From Eddie Van Halen to Michael Jackson and beyond

22 December 2020 .5 minute read

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Phone

+1 302 468 5673
(Work, Wilmington)