Christopher J. Rourk
Chris Rourk is a thought leader in artificial intelligence legal matters, with 10 years’ field experience as a former engineer and over two decades of diverse legal experience. His practice encompasses all aspects of intellectual property, as well as corporate transactions, commercial litigation and other complex interdisciplinary matters for clients across industries.
Chris has prosecuted 400+ patents to issuance in diverse technological fields such as nanotechnology devices, semiconductor systems and devices, radio frequency systems and devices, analog systems and devices, telecommunications systems and devices, medical devices, image data processing systems and devices, and consumer electronics. One area in which Chris excels is in the use of strategic post-grant proceedings to invalidate patents that have been or might be asserted against clients. These proceedings allow improperly-granted patent claims to be attacked in the patent office, to save clients the expense and stress of district court litigation.
As an engineer, Chris developed numerous technical proficiencies while working for Bechtel Power Corporation on-site for a major power plant construction project, where he was involved with designing and installing telecommunications, control and power systems components. He then worked for Westinghouse Electric Corporation, where he designed large turbine generators and extensively applied three-dimensional finite element computer models to new and existing designs. This unique background gives Chris specific insights into solutions for many business problems encountered by clients, as well as preventative measures and strategies for avoiding those problems.
During law school, Chris worked for the U.S. Nuclear Regulatory Commission, where he performed research and directed research at a number of national laboratories into issues pertaining to nuclear power safety, including probabilistic risk assessment computer models of nuclear power plant safety systems.
B.S.E.E, cum laude, University of Florida
M.Eng., Rensselaer Polytechnic Institute
J.D., cum laude, Georgetown University Law Center
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Fifth Circuit
United States District Court for the Eastern, Northern, and Southern Districts of Texas
Patent Infringement Litigation
- Represented one of the largest electronic payment processors in a patent infringement case involving debit card payment technology that resulted in a Federal Circuit decision that confirmed summary judgment in favor of the client and which clarified joint infringement liability.
- Represented a developer of image data compression technology in licensing and litigation which resulted in significant revenue.
- Represented one of the largest semiconductor memory chip manufacturers in a patent infringement case involving DRAM, SRAM and flash memory technology that led to a take-nothing jury verdict in New Jersey.
- Represented a large electrical equipment manufacturer in patent and trade secret litigation involving power transformer technology that resulted in a favorable settlement for less than ten percent of the claimed damages.
- Represented a large electronic payment processor in a patent infringement case involving credit card payment technology that resulted in a favorable settlement for less than ten percent of the claimed damages.
- Represented a polymer lining manufacturer in a patent infringement case involving extruded plastics technology that resulted in a favorable settlement.
Trademark Infringement Litigation
- Represented a software developer and marketer in a trademark infringement and unfair competition case involving misrepresentation by a third party of which company originally developed features of a software package that resulted in a favorable settlement.
- Represented a food manufacturer in a trademark infringement case that resulted in a favorable settlement.
- Represented a pet charity in a trademark infringement appeal, including briefing and presentation of arguments to the United States Court of Appeals, Fifth Circuit.
General Practice Experience
- Prosecuted to issuance patents that were successfully asserted against infringers in the area of data messaging technology to generate significant settlement revenue.
- Prosecutes patents for Fortune 50 companies, start-up companies, leading universities and numerous other clients in the areas of electrical engineering, software, data communications, artificial intelligence, data encryption, block chain and other technologies.
- Represents largest provider of authentication devices and associated services in negotiating agreements with suppliers and licensees and patent/trademark matters.
- Routinely performs due diligence in deals ranging from $1 million to over $1 billion in value.
- Routinely advises clients on intellectual property strategy, sales strategy, marketing strategy and resolving commercial disputes in cost-effective manners to avoid protracted litigation where it is not strategically necessary.
- AV Rating, Martindale-Hubble
- Texas Bar Foundation, Fellow
- “Best Lawyers in Dallas,” D Magazine, 2018-2019, 2021
- The Best Lawyers in America (Woodward/White Inc.), Litigation – Intellectual Property, 2020-2023
Publications & Speaking Engagements
- Author, “Scientists discover quantum mechanical switching in ferritin structures similar to those found in neural tissue,” Science X (August 2021)
- Author, “Smart Policing: Is It a Human Rights Violation,” Lawyer Monthly (March 2021)
- Speaker, Quantum Science Concepts in Enhancing Sensing and Imaging Technologies: Applications for Biology—A Workshop, National Academies of Sciences, Engineering, and Medicine (March 2021)
- Author, “Chapter Three – Functional neural electron transport” Advances in Quantum Chemistry: Quantum Boundaries of Life (Vol. 82), Academic Press (October 2020)
- Author, “Can we realistically create laws on artificial intelligence?,” Open Access Government (February 2020)
- Author, “ABA Resolution: Caution with AI Use in Legal Practice,” Dallas Bar Association Headnotes (January 2020)
- Author, “‘Romag v. Fossil’: License Provisions for Avoiding a Trip to the Supreme Court,” Texas Lawyer (January 2020)
- Author, “Intellectual Property Financing Unveiled,” Asia IP (October 2019)
- Speaker, “Artificial Intelligence and Legal Ethics,” Dallas Bar Association North Dallas Friday Clinic (July 2019)
- Author, “USPTO Rebukes High Court’s Approach To Abstract Ideas,” Law360 (February 2019)
- Co-Author, “Design Patent Confusion In Fed. Circ. Maatita Ruling,” Law360 (September 2018)
- Author, “Ex Parte Reexamination May Cost Apple $177 Million,” Jackson Walker Insights (June 2018)
- Speaker, “Administrative Law Fundamentals and Strategies for IP Lawyers,” Dallas Bar Association Intellectual Property Law Section (October 2017)
- Author, “The Top 10 Things You Wanted to Know About False Patent Marking but Were Afraid to Ask,” Jackson Walker Insights (April 2010)
In the News
- “Patents are for the weak,” Asia IP (November 2022)
- “The Metaverse is Coming: How can Asia’s Developing Jurisdictions Cope with its IP Issues?” Asia IP (March 2022)
- “The unusual suspect,” Asia IP (February 2022)
- “Hong Kong Customs Combats Counterfeiting Activities Involving Goods Bound for the United States,” Asia IP (August 2021)
- “Almost US$300,000 Worth of Counterfeit Auto Parts Seized in the United States,” Asia IP (August 2021)
- “Apple Watch might be banned for sale in the United States due to patent infringement,” Asia IP (July 2021)
- “Ofinno and Honda complete large patent transaction,” Asia IP (July 2021)
- “America seizes almost US$1 million worth of Cartier, Van Cleef & Arpels and Louis Vuitton knockoffs,” Asia IP (May 2021)
- “uCloudlink Group announces progress in patent infringement disputes,” Asia IP (May 2021)
- “Nokia and Lenovo Conclude Patent Cross-Licensing Agreement,” Asia IP (April 2021)
- “LG Electronics Sued by American Mobile Software Company for Patent Infringement,” Asia IP (April 2021)
- “Nokia and Samsung Sign Patent Licensing Agreement,” Asia IP (March 2021)
- “American smart home company sues competitor for patent infringement,” Asia IP (March 2021)
- “Taylor Swift sued by theme park over trademark infringement,” Asia IP (March 2021)
- “Samsung sued for alleged Smart Home Patent infringement in America,” Asia IP (February 2021)
- “Care to share? The pros and cons of IP sharing,” Asia IP (November 2020)
- “New U.S.-China agreement: Signed, sealed… and then comes implementation,” Asia IP (March 2020)
- “Patent Subject Matter Eligibility,” Asia IP (September 29, 2017)
- “Before Sue-rise,” Asia IP (July 31, 2017)
- “LESI 2017’s Augmented Reality,” Asia IP (April 18, 2017)
- “A Look at the Five-Year Impact of the America Invents Act,” D CEO (March 2017)
- “Rogue One: A Fake Goods Story,” Asia IP (January 25, 2017)
- “A Look Back at the Top AIA-Related Decisions of 2016,” Law360 (January 6, 2017)
January 19, 2023Mentions
Patents Are for the Weak? | Asia IP Magazine
For Jackson Walker partner Christopher Rourk, patents are, to a certain extent, for the weak. The reason for this is that small firms and individual inventors are inherently weaker than companies that are larger and better-positioned capital-wise.
“Small companies and individual inventors can develop important innovations that can be easily copied by larger, well-capitalized companies and should rely on patents to increase their leverage in the highly-competitive commercial marketplace,” he noted.
August 18, 2022Attorney News
‘The Best Lawyers in America’ Honors 214 Jackson Walker Attorneys in 2023 Edition, Including 11 “Lawyers of the Year” and 41 “Ones to Watch”
The Best Lawyers in America has recognized 214 Jackson Walker attorneys across 6 offices and 79 specialty practice areas in its 2023 edition, including 11 Lawyers of the Year and 41 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.
July 7, 2022Newsletters
JW Media | VIA ePostcard – July 2022
View the July 2022 edition of the JW Media | VIA ePostcard.
March 31, 2022Mentions
The Metaverse Is Coming: How Can Asia’s Developing Jurisdictions Cope With Its IP Issues? | Asia IP
Chris Rourk shared insights with Asia IP Magazine about the metaverse and the implications for the intellectual property sector.
March 7, 2022Speaking Engagements
Art Cavazos, Chris Rourk, and Erin Camp to Present How to Avoid Top Mistakes Startups Make in SBIR/STTR Proposals
Jackson Walker attorneys Art Cavazos, Chris Rourk, and Erin Camp will present “Start-Up Pitfalls: How to Avoid the Top 10 Mistakes Start-Ups Make” during the 2022 SBIR/STTR Workshop Series on April 6, 2022. Presented by Texas A&M University, the workshop series will discuss key items in crafting successful proposals.
August 30, 2021Mentions
Hong Kong Customs Combats Counterfeiting Activities Involving Goods Bound for the United States | Asia IP
Local Customs conducted a targeted operation this summer to combat cross-boundary counterfeiting activities involving goods destined for the US. About 60,000 items of suspected counterfeit goods with an estimated market value of about HK$3.2 million (US$412,000) were seized. “An IP owner can increase the effectiveness of CBP by hiring US counsel to coordinate with the CBP, such as to identify possible ports of entry, resellers and registered IP that is being copied,” Chris Rourk said.
August 19, 2021Attorney News
‘The Best Lawyers in America’ Honors 178 Jackson Walker Attorneys in 2022 Edition, Including 8 “Lawyers of the Year” and 31 “Ones to Watch”
The Best Lawyers in America has recognized 178 Jackson Walker attorneys across 6 offices and 67 specialty practice areas in its 2022 edition, including 8 Lawyers of the Year and 31 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.
August 10, 2021Mentions
Almost US$300,000 Worth of Counterfeit Auto Parts Seized in the United States | Asia IP
After Customs and Border Protection officers in Philadelphia seized over $295,000 in counterfeit vehicle parts, Jackson Walker partner Christopher Rourk spoke with Asia IP Magazine about the statistics surrounding seizures of automotive and aerospace parts versus counterfeit watches and jewelry.
July 21, 2021Mentions
Apple Watch Might Be Banned for Sale in the United States Due to Patent Infringement | Asia IP
Jackson Walker partner Christopher Rourk spoke with Asia IP about a potential ban on the sale of the Apple Watch Series 6 after Masimo, a global medical technology corporation, asserted 10 patents against Apple in a California district court and sought an import ban before the U.S. International Trade Commission. In the article, Chris noted, “It is possible that Masimo might settle at this point on less than favorable terms in order to avoid a decision from the PTAB that invalidates some or all of its challenged patents, but based on its past behavior, it seems more likely that Masimo would be prepared to go to trial before settling. Apple likewise has a history of fighting patent infringement lawsuits, although it is noted that both companies have much at stake in the current dispute, so settlement prior to trial in any of these matters is certainly possible.”
July 6, 2021Mentions
Ofinno and Honda Complete Large Patent Transaction | Asia IP
American technology research company Ofinno announced on June 2, 2021, the completion of a large patent transaction with Honda Motor. In an article by Asia IP Magazine, Jackson Walker partner Chris Rourk provided background on the deal.
Chris was the lead briefing attorney for the appellant in In re Magnum Oil Tools International, 829 F.3d 1364 (Fed. Cir. 2016), one of the first cases to result in a full reversal of the Patent Trial and Appeal Board from a decision in an inter partes review, and which has been cited in subsequent court decisions over 600 times. The Federal Circuit agreed with Chris’ argument that it was improper to shift the burden of proof to the patent owner to prove the validity of the challenged patent.
Chris has handled a number of high-profile patent litigation matters, including filing the lawsuit that resulted in the Federal Circuit decision in BMC v. Paymentech, 498 F.3d 1373 (Fed. Cir. 2007), which provided controlling precedent on the question of joint infringement of patent claims and which has been cited in subsequent court decisions over 300 times. His patent prosecution work has also been cited as exemplary by the U.S. Patent and Trademark Office and has withstood attack in district court litigation and post-grant challenges.