Mr. Burton is a trial lawyer whose practice focuses on helping clients ranging from large, publicly traded companies to small technology startups resolve patent, trademark and trade secret disputes, including by taking cases to trial. Mr. Burton has successfully led trial teams in state and federal courts around the country, as well as in IPRs and other proceedings before the Patent Trial and Appeal Board and Trademark Trial and Appeal Board at the U.S. Patent and Trademark Office. Mr. Burton is also frequently called upon to serve as a mediator, arbitrator and expert witness in patent and other intellectual property disputes. Mr. Burton’s peers have rated him repeatedly among the The Best Lawyers in America, as Salt Lake City “Lawyer of the Year” for Intellectual Property Litigation in 2015 and by Super Lawyers as among the Top 100 of all lawyers in all of the Mountain States.
Catheter Connections v. Ivera Medical/3M – Medical Device patent dispute hotly contested over several years in multiple states. Obtained two preliminary injunctions on three different patents, as well as a contempt order for opponent’s violation of one of the injunctions, leading to a favorable settlement.
Won-Door Corporation v. Cornell Iron Works - Patent infringement case involving movable partitions. Obtained a preliminary injunction after extensive briefing and two court hearings, leading to a consent judgment and permanent injunction against Cornell.
Storm Products v. Ebonite – Defended patent infringement case involving bowling balls. Obtained Court Order invalidating Ebonite patent. Affirmed on appeal.
SME Steel Contractors v. Star Seismic – Obtained dismissal of patent infringement case relating to seismic braces used in steel frame construction, affirmed on appeal; subsequently defended related claims of breach of license agreement, fraud and tortious interference to trial, obtaining a judgment dismissing all claims and awarding attorneys’ fees of nearly $1 million.
Choice Hotels v. JMS Lodging – Trademark infringement case – obtained judgment and permanent injunction.
Etagz v. TV Guide Magazine – Defended TV Guide in patent infringement case; settled favorably on the eve of summary judgment hearing.
- Best Lawyers 2007-2015
- Best Lawyers SLC Intellectual Property Litigation Lawyer of the Year - 2015
- Best Lawyers SLC Info Technology Lawyer of the Year - 2013
- Chambers 2012-2014
- iAM Patent 1000 (Patent Litifation) - 2012-2014
- IP Stars - 2013-2015
- MartinDale-Hubbell (AV Rated) - Since 1998
- Super Lawyers - 2007-2015
- Super Lawyers Mountain States Top 75 - 2011
- Super Lawyers Mountain States Top 100 - 2012-2015
Areas of Special Expertise
- Litigation and enforcement of intellectual property
- Computer Systems, Software, Electronics and Information Technology
- Medical Devices
- Chemical, Life Sciences, Pharmaceutical and Nutritionals
- Construction, Mechanical and Manufacturing Equipment and Systems
- E-Commerce and Internet Technologies
- Sports Equipment
- Trademarks, Trade Secrets and Copyrights
- Mediation, arbitration and alternative dispute resolution
- Strategic counseling regarding intellectual property
- Expert witness services in Intellectual Property disputes
- In private practice with the Firm since 1993
- Shareholder and Associate, Watkiss & Saperstein (formerly Watkiss & Campbell), Salt Lake City, Utah
- Associate, Ward, Lazarus, Grow and Cihlar, Washington, D.C.
- Law Clerk, United States Senate Judiciary Committee
- Brigham Young University, B.A., magna cum laude
- Brigham Young University Law School, J.D.
- Utah Bar
- District of Columbia Bar
- U.S. Patent and Trademark Office
- Utah and U.S. District Court, District of Utah
- District of Columbia
- U.S. District Court, District of Columbia
- Southern District of Illinois
- U.S. Supreme Court
- U.S. Court of Appeals for the Second, Fourth, Ninth, Tenth, and Federal Circuit
- Pro Hac Vice Admissions in various Federal and State Courts throughout the U.S.
Publications, Presentations and other Activities
Contributing Editor, "Trade Secrets: A State by State Survey," published by BNA Books, including cumulative annual supplements
Contributing Editor, "Covenants Not to Compete: A State by State Survey," published by BNA Books, including cumulative annual supplements