- Co-authored brief and served as second-chair in Supreme Court litigation concerning the test for whether an artistic design feature can qualify for a copyright. Mr. Burgess represented the copyright owner, which designed original artwork appearing on clothing. The Supreme Court held by a vote of 6-2 that the designs were copyright-eligible. Star Athletica, LLC v. Varsity Brands, Inc., 137 S. Ct. 1002 (2017).
- Co-authored brief in D.C. Circuit on behalf of a pharmaceutical company defending approval of its new drug application against a competitor’s exclusivity challenge. The D.C. Circuit upheld FDA’s approval of our client’s application in a decision that set an important precedent on the scope of 3-year exclusivities for new clinical investigations under the FDCA. Otsuka Pharm. Co. v. Price, __ F.3d __, 2017 WL 3708609 (D.C. Cir. 2017).
- Co-authored motion to dismiss briefing in litigation in the Southern District of New York defending a leading test-preparation company against Sherman Act and RICO claims brought by a competitor. Court dismissed antitrust and RICO claims with prejudice.
- Co-authored briefs in the Second Circuit on behalf of a major banking client in a putative class-action alleging violations of the Racketeering Influenced and Corrupt Organizations Act based on the rates charged for lender-placed insurance. Successfully obtained interlocutory review and reversal of adverse judgment resulting in an order to dismiss all claims. Rothstein v. Balboa Insurance Company, 794 F.3d 256 (2d Cir. 2015).
- Defending a leading pharmaceutical manufacturer in putative class actions challenging patent litigation settlements on antitrust grounds, initiated after the Supreme Court’s decision in FTC v. Actavis, 133 S. Ct. 2223 (2013). Co-authored motions to dismiss briefs in complex multidistrict litigation resulting in dismissal of several claims and complete dismissal of claims against the parent corporation.
- Co-authored briefs on behalf of a leading pharmaceutical manufacturer and several other intervenors in a suit against FDA seeking to stop the launch of generic versions of the drug Abilify.® Successfully opposed a preliminary injunction and then obtained summary judgment.
- Presented oral argument and successfully persuaded the Fourth Circuit to vacate in a pro bono matter challenging a county’s anti-panhandling ordinance as inconsistent with the First Amendment. Reynolds v. Middleton, 779 F.3d 222 (4th Cir. 2015).
- Co-authored several briefs in opposition to petition for certiorari in the Supreme Court, including a brief in a First Amendment challenge to a transit authority’s advertising policy, a brief concerning the rules for claim construction in patent litigation, and a brief in a Sixth Amendment sentencing case in opposition to the Michigan Attorney General.
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J.D., 2009
New York University
(summa cum laude)
New York University
(summa cum laude)
A.B., 2005
Dartmouth College
(summa cum laude)
Dartmouth College
(summa cum laude)
Clerkships
2012-2013 U.S. Supreme Court, Honorable Sonia M. Sotomayor
2010-2011 U.S. Court of Appeals for the District of Columbia Circuit, Honorable David S. Tatel
2009-2010 U.S. Court of Appeals for the Second Circuit, Honorable Guido Calabresi
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