Don O. Burley

Partner

Don Burley has significant experience serving as first-chair trial lawyer in jury and bench trials, evidentiary hearings, and arguments. He also has extensive appellate experience.

Mr. Burley has handled a wide range of highly complex litigations, both at trial and on appeal. His principal focus is on the litigation of patent cases, representing both patentees and accused infringers, and he has litigated in a variety of technologies, including telecommunications, semiconductors, genetic engineering, chemical distillation processes, and medical devices. He has also done considerable work in other areas, including trademark, antitrust, state and federal unfair competition, trade secret, and similar matters. Further, Mr. Burley has been involved in a large number of appeals in the U.S. Court of Appeals for the Federal Circuit, including numerous appeals that have resulted in the overturning of a substantial jury verdict.

Before joining the firm, Mr. Burley served for 16 years as a trial attorney with the U.S. Department of Justice (DOJ), handling cases throughout the United States. At the DOJ, he was initially in the antitrust division and later in the civil division, where he represented the Food and Drug Administration (FDA), the Federal Trade Commission, and other federal agencies. Mr. Burley's noteworthy cases at the DOJ include the "Starch Blocker" cases, which established the FDA’s authority to regulate certain diet products as drugs, and In re Establishment Inspection of Skil Corp., establishing the Consumer Product Safety Commission’s authority to obtain administrative inspection warrants. While at the DOJ, Mr. Burley also briefed and argued appeals, handling cases in nine of the federal appellate courts.

Highlights

• Served on the editorial board of the Food & Drug Law Journal, 1989-1993.
• Taught trial advocacy at the Attorney General's Advocacy Institute and the Trial Advocacy Institute of the University of Virginia School of Law. 
• Adjunct faculty member of the George Mason University School of Law.