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"He knows his way through the IP thicket and nothing flusters him." - Client Comment - 2009 Chambers Guide to U.S. Leading Attorneys
David Burgert is a partner in the Litigation section of Porter & Hedges who has been actively involved in the trial and appeal of commercial disputes for over 25 years. In December 2008, he concluded his term as the firm's Litigation Practice Group Leader.
Mr. Burgert has represented both plaintiffs and defendants in state and federal courts, and before arbitration panels of the American Arbitration Association, JAMS, and the N.A.S.D. He has been recognized as a "Leader in the Field" of Intellectual Property in the State of Texas by Chambers USA, and has been selected a "Texas Super Lawyer" in Intellectual Property Litigation in every survey conducted by Texas Monthly since the survey's inception in 2003. Mr. Burgert was also named a "Houston Top Lawyer" in Business Litigation in the June 2005, 2007 and 2008 issues of H Texas Magazine, and in Intellectual Property in the February 2009 issue. He has also been listed in the 2008 - 2010 Super Lawyers, Corporate Counsel edition in the area of Intellectual Property Litigation.
Mr. Burgert has tried over fifty cases to a jury verdict as lead counsel, and he has argued appeals before the Texas appellate courts and the Fifth, Eighth, and Federal Circuit Courts of Appeal. In recent years, much of Mr. Burgert's practice has been devoted to intellectual property disputes, representing both patent holders and accused patent infringers, and litigating various aspects of licensing and trademark law. Mr. Burgert also has significant experience litigating oil and gas matters, securities fraud issues, lender liability cases, and real estate disputes.
As counsel to the audit and/or special investigative committees of the boards of directors of several publicly traded companies, Mr. Burgert has conducted internal investigations concerning alleged improper business procedures, inadequate accounting controls and/or employee misconduct.
Prior to joining Porter & Hedges in 1986, Mr. Burgert was an associate in the Houston office of Vinson & Elkins, L.L.P. Representative Experience Intellectual Property
- Representation of inventors of a device used to enhance the manufacture of electronic circuit boards against multinational telecommunications companies. One such case was settled favorably to the firm's clients following an appeal to the United States Court of Appeals for the Federal Circuit, and another case involving the same patent resulted in a jury verdict of willful infringement.
- Representation of geophysical company in patent dispute concerning marine seismic survey equipment.
- Representation of major U.S. university against multinational corporation alleging infringement of patent covering specialty plastics.
- Representation of company accused of infringing patents covering "virtual machine" technology.
- Representation of a major computer manufacturer asserting theft of trade secret claims against a former employee.
- Defense of a manufacturer of ultrasonic gas measurement devices against claims of patent infringement.
- Representation of a major oil company accused of infringing a patent relating to a metallocene catalyst used to manufacture specialty plastics.
- Representation against various infringers of the patent holder of an oilfield tool used to improve drilling fluid life and well penetration rates. Litigation of these cases (involving five patents and nearly 200 claims) before Texas and Oklahoma juries resulted in willful infringement findings and substantial settlements for our clients.
- Briefing and argument before the Federal Circuit Court of Appeals concerning the issue of inequitable conduct in the procurement of a patent and patent invalidity due to anticipating prior art and obviousness.
Internet
- Representation of a company suing a competitor for violation of Federal anti-cybersquatting and cyberpiracy statutes.
- Representation of a company against an individual who had posted defamatory e-mails concerning the company's finances on the Internet.
Energy
- Representation of the manufacturer of downhole geophysical equipment against claims of breach of warranty, breach of contract, fraud, and theft of trade secrets.
- Representation of valve manufacturer accused of supplying defective valves to multinational oil company.
- Representation of royalty owners against a major oil company for underpayment of royalties on hundreds of gas wells over a 25 year period.
- Representation of an oil and gas producer in a class action brought by thousands of landowners alleging underpayment of royalties.
- Representation of a foreign government against the manufacturer and seller of defective downhole tubular goods for oilfield use.
Environmental
- Representation of a national real estate management company accused of violations of CERCLA and the Texas Solid Waste Disposal Act.
- Representation of a major multinational oil company accused of causing property damage through the discharge of airborne corrosives from a refinery.
Securities
- Representation of a former officer of a public company in a class action lawsuit alleging securities fraud related to the restatement of earnings by the defendant corporation.
- Representation of foreign nationals in a securities fraud claim against the issuer and trustee of a Eurodollar bond issue.
General Commercial
- Representation of physicians alleging improper accounting procedures by their practice management administrator.
- Representation of a special committee of the board of directors of a public company investigating internal accounting controls and potential employee misconduct in connection with a restatement of earnings which had triggered numerous shareholder lawsuits.
- Representation of an individual asserting malicious prosecution claims against a multinational corporation.
- Obtaining summary judgment for an individual against his pension fund, finding that the trustees of the fund had abused their discretion under ERISA by denying the plaintiff the proper pension.
- Representation of the State Bar of Texas as Special Disciplinary Counsel seeking disbarment of attorney following conclusion of administrative grievance procedures.
- Representation of a company against a former employee who misappropriated corporate funds obtaining extraordinary ex parte relief, including temporary restraining orders, writs of garnishment and writs of attachment.
Mr. Burgert has also tried or arbitrated numerous cases involving issues of fraud, software development contracts, adverse possession, take-or-pay gas contracts, trademark infringement, alter ego, insurance coverage, U.C.C. questions, broker/customer disputes and the Texas Deceptive Trade Practices Act. Professional / Civic Affiliations
- Martindale Hubbell AV Rated Attorney
- Member of the State Bar of Texas and the Houston and American Bar Associations
- Member of the American Intellectual Property Lawyers Association and the Houston Intellectual Property Lawyers Association
- Licensed to practice before all Texas State and Federal courts, and the Fifth, Eighth, and Federal Circuit Courts of Appeal
- Life Fellow of both the Texas and Houston Bar Foundations
- Member of the Texas Bar Foundation Nominating Committee
- Mr. Burgert is a member of the City of Houston Police Officers Civil Service Commission and the Board of Trustees of Goodwill Industries of Houston, Inc.
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