Mr. Busey’s practice is concentrated in commercial and administrative litigation in the fields of intellectual property (patents, trademarks, trade secrets, etc.) and technology-related business. Mr. Busey has litigated more than a dozen Section 337 intellectual property cases before the U.S. International Trade Commission (ITC) and is highly experienced in cross-border intellectual property disputes.

Mr. Busey joined Morrison & Foerster in 1983 and became a partner in 1989.

Exemplary Matters

• Certain Digital Television Products and Certain Products Containing Same and Methods of Using Same, Inv. No. 337-TA-617. Representing complainants Funai Electric and Funai Corporation in a patent based investigation.
• Certain DVD Players and Recorders and Certain Products Containing Same, Inv. No. 337-TA-603. Representing complainants Toshiba Corporation and Toshiba America Consumer Products L.L.C. in a patent based investigation against 17 Chinese and related distributors and importers of DVD products and in a parallel district court case.
• Certain Rechargeable Lithium- Ion Batteries, Components Thereof, and Products Containing Same, Inv. No. 337-TA-600. Representing respondent Sanyo Corporation in patent-based investigation.
• GIV, LLC v. IBM, et al., Case No. 3:07-cv-67 (ED VA). Currently representing a Japanese co-defendant in a patent infringement case involving mouse TIPS used in IBM/Lenovo ThinkPad laptop computers.
• EPOS Technologies v. Pegasus Technologies, Case No. 1:07-cv-416 (DDC). Representing an Israeli company in a declaratory judgment action seeking a declaration of noninfringement of certain patents relating to its electronic pen products.
• Certain Products and Pharmaceutical Compositions Containing Recombinant Human Erythropoietin. ITC Investigation No. 337-TA-568. Represented Ortho Biotech Products, L.P., an affiliate of J&J, in filing to intervene as a co-complainant in a patent infringement complaint brought by Amgen against Roche Holding Ltd. and related entities. Case was terminated subject to potential refiling.
• Certain Hand-Held Mobile Computing Devices, Components Thereof and Cradles Thereof, Inv. No. 337-TA-544 (represented complainant Intermec Technologies Corporation). Represented a complainant in a patent-based Section 337 proceeding before the ITC. Investigation terminated based on settlement and license agreement.
• Cellco Partnership d/b/a Verizon Wireless v. Nextel Communications, Civ. No. 03-725-KAJ (D. Del). Represented wireless carrier in trademark infringement and unfair competition case.
• National Datacasting Inc., v. Dotcast (E.D.VA, American Arbitration Association). Represented a defendant-counterclaimant in arbitration proceeding involving breach of contract and fraud.
• Certain Plasma Display Panels and Products Containing Same, Inv. No. 337-TA-445. Represented Japanese respondents in patent infringement proceeding before the ITC and in related district court action.
• Certain Excimer Laser Systems for Vision Correction Surgery and Components Thereof and Methods for Performing Such Surgery, Inv. 337-TA-419. Represented complainant in a Section 337 patent infringement proceeding.
• Certain Video Graphics Display Controllers and Products Containing Same, Inv. No. 337-TA-412. Represented a complainant in a Section 337 patent infringement proceeding.
• Certain SDRAMs, DRAMs, ASICs, RAM and Logic Chips, Microprocessors et al., Inv. No 337-TA-404. Represented a Japanese respondent in a patent-based Section 337 proceeding before the ITC.
• Certain Removable Electronic Cards and Electronic Card Reader Devices and Products Containing Same, Inv. No. 337-TA-396. Represented French and U.S. respondents in a Section 337 patent infringement proceeding before the ITC and in related district court action.
• Certain EPROM, EEPROM, Flash Memory and Products Containing Same, Inv. No. 337-TA-395. Represented a Japanese respondent in patent infringement before the ITC.
• Ziarno v Red Cross (N.D. Ill) Represented defendant in patent infringement suit concerning an Internet-related patent.
• Certain Microcomputer Memory Controllers, Inv. No. 337-TA-331. Represented U.S. complainant in patent infringement proceeding before the ITC.

Mr. Busey also counsels clients concerning intellectual property licensing and has substantial experience in alternative dispute resolution. He has written and lectured on intellectual property disputes. E.g., “Trying Section 337 Cases before the ITC: Why Early Trial Preparation is Indispensable,” IP Litigator (January/February 2007); “Trademark Owners Beware: Use of Alternate Sales Channels Jeopardizes Enforcement Against Gray Market Goods,” Intellectual Property & Technology Law Journal (February 2006); “Nonphysical Differences Are Enough to Create Material Differences with Gray Market Goods,” The Intellectual Property Strategist (January 2006); and “Intellectual Property Spats,” Legal Times (September 1996).

Mr. Busey is a member of the bars of the District of Columbia, Virginia, the U.S. Court of Appeals for the Federal Circuit, the D.C. Circuit and the Fourth Circuit and the U.S. District Courts for the District of Columbia, Eastern District of Virginia and District of Maryland. He is also a member of the Executive Committee of the ITC Trial Lawyers Association and the ITC Committee of the Intellectual Property Owners Association. Mr. Busey received is B.S.F.S. from Georgetown University in 1974 and his J.D. degree from Georgetown University, where he was an editor of the Georgetown Law Journal. During 1982-83, he served as law clerk to Judge John H. Pratt of the U.S. District Court for the District of Columbia.