Daniel P. Burke & Associates, PLLC
201 Townsend Square
Oyster Bay, New York 11771
(Ph) 516 802-0560
(Fax) 516 802-0562
The law firm of Daniel P. Burke & Associates, PLLC represents clients from around the world in connection with patents, trademarks, copyrights and unfair competition. The Firm advises clients ranging from individual entrepreneurs to large multinational corporations in securing patents, trademarks and copyright registrations (traditionally known as prosecution), in licensing, in the acquisition of intellectual property, as well as in lawsuits before the U.S. Federal Courts.

OUR FIRM CULTURE

The attorney-client relationship is a special relationship based upon mutual respect and confidence. Our culture is to provide excellent legal representation designed to help you in attaining your goals. In light of the nature of our practice, our relationships are based upon close team work and clear communication with our clients. This requires close consultation with you.

“An ounce of prevention is worth a pound of cure.” We recommend that clients protect their rights while investigating and respecting the rights of others to avoid larger, costly problems down the road. In this way, our clients can maintain and grow their businesses and intellectual property portfolios on a sound foundation.

FIRM OVERVIEW

With over 30 years experience with patents, trademarks and copyrights, we:

Represent U.S. and international clients in U.S. federal courts from pre-litigation strategies to the commencement of civil actions through appeals, with first chair litigation experience in over 30 patent, trademark/trade dress and copyright infringement actions, including taking depositions, obtaining expert witnesses, preparing and filing motions and briefs, direct and cross examination of trial witnesses.

Provide strategic counseling to domestic and international clients on patents, trademarks and copyrights.

Draft and negotiate licenses – we have prepared and negotiated over 50 patent and copyright licenses.

Provide invalidity and freedom-to-operate opinions relating to a wide scope of technologies (see representative areas of technical experience below)

Prepare and prosecute U.S. patent and trademark applications and coordinate positions taken in connection with non-U.S. prosecution, including post-grant patent reexaminations, reissues and trademark oppositions.

Advise clients on strategic acquisitions and the sale of patents, trademarks and copyrights, and negotiate transaction agreements.

LITIGATION

While we believe that litigation should be the path of last resort, we have collected seven figure (million or multi-million dollar) judgments and/or settlements for our clients in cases involving each of the following: Patents, Copyrights, Trademarks and Trade Dress. We have also successfully defended clients against claims brought by their competitors in connection with Patents, Trademarks, Copyrights and Trade Secrets. [*] The following is a representative list of civil actions. The parties we represented are underlined.

PATENTS:

United Chemical Technologies, Inc. v. Biochemical Diagnostics Inc.

Obtained early, favorable settlement for defendant accused of infringing patent for solid phase extraction columns used in testing body fluids for narcotics.

Capital Bridge Co., Ltd. v. IVL Technologies, Ltd.

Obtained favorable summary judgment of non-infringement on a patent for a wireless, media player in district court. This victory was affirmed by the Court of Appeals for the Federal Circuit (CAFC).

Sensonics v. Aerosonic

Obtained favorable judgment after three day patent trial in district court. Award was significantly increased on cross-appeal to CAFC.

CCL v. Atlas Pens

Obtained favorable early settlement.

CCL v. Raymond Geddes & Co. Inc.

Obtained favorable early settlement.

Chembio v. Saliva Diagnostic System

NTD Laboratories, Inc (now owned by PerkinElmer) v. Genzyme Corporation

Obtained favorable settlement at preliminary injunction hearing on patents for pre-natal screening markers.

NTD Laboratories, Inc. v. Lenetix Medical Screening Laboratory, Inc.

Obtained favorable settlement on patents for pre-natal screening markers.

Man Nin Shing Co. Ltd. v. Kingston/R&L

Obtained favorable settlement with remaining defendant after main infringer went out of business due to this action.

Coating Removal Technology Ltd. v. Dumond Chemicals Inc.

Klever Koncepts USA, Inc . v. Etna Products Co., Inc.

Prime Resources Corporation v. Shye Atlantic Imports, Inc.

Tri-Seal, Int’l Inc. v. Jodee Plastics

TRADEMARK and TRADE DRESS:

HLA v. Pennisi, Inc.

Ingenious Designs Inc. v Direct Marketing Enterprises, Ltd.

Obtained significant settlement for trademark infringement just prior to trial.

Ingenious Designs Inc. v. Ontel Products and Charles Khubani

Obtained significant settlement after two week jury trial found liability on all trade dress and unfair competition counts, and personal liability of defendant’s principal.

Ingenious Designs Inc. v. Easy Day Manufacturing Co.

Patrician v. National Metal Industries and Norman Levy

Reed Publishing (Nederland) B.V. v. American Biographical Publications

Detex v. Exit Alarms

COPYRIGHT:

Precision Flow Technologies Inc. v. CVD Equipment Corporation

Blue Ribbon Pet Products v. Wal-Mart

Obtained settlement just prior to trial.

Blue Ribbon Pet Products v. Hagen

Obtained award of damages and attorney fees following bench trial.

Blue Ribbon Pet Products v. Petco

Obtained early favorable settlement.

TRADE SECRET:

APS v. NTL

Obtained favorable dismissal for successful contractor to U.S. Navy in case alleging theft of trade secrets relating to a close in weapon system (CIWS).


REPRESENTATIVE AREAS OF TECHNICAL EXPERIENCE

Fetal health monitoring and testing

Laboratory testing and automation equipment, e.g. for drugs of abuse, HIV

Modification of pharmaceuticals and other biologically active proteins/compounds

Automated dispensing and packaging equipment

Semiconductor manufacturing equipment

Surgical devices

Petroleum products, e.g. zeolite catalysts

Food products

Chemistry e.g. paints, inks

Light distribution systems

Dental products

Water purification systems

Aircraft instruments

Games, gaming devices and methods of conducting games of chance

Consumer products, e.g. razors, premium promotion products, e.g. calculators

Ionizing air cleaners


DANIEL P. BURKE

Mr. Burke has been practicing law exclusively in the intellectual property areas of patents, trademarks and copyrights for over twenty-five years. He counsels clients in strategies for maximizing the protection of their intellectual property and in protecting and licensing those rights. Mr. Burke also has extensive, first chair experience in litigating patent, trademark, copyright, trade secret and unfair competition disputes in the Federal Courts. His technical experience includes mechanical and electromechanical devices, chemistry and biochemistry.

Mr. Burke is admitted to practice in:

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Second Circuit

New York State Courts

U.S. Patent and Trademark Office

Former Patent Examiner U.S. Patent & Trademark Office

(Art Unit 335 – surgical devices) 1981 – 1982

EDUCATION:

UNIVERSITY OF VIRGINIA, SCHOOL OF LAW

Charlottesville, Virginia

J.D. 1985

COOPER UNION SCHOOL OF ENGINEERING

New York, N.Y.

BE Chemical Engineering, 1981



[*] Prior results do not guarantee a similar outcome.