Derek Vandenburgh is the rare combination of a winning jury trial lawyer and a nationally recognized Federal Circuit appellate advocate. Derek has a track record of winning patent verdicts as a first-chair trial lawyer and is also one of the most active Federal Circuit advocates in the nation. His record and results are unmatched by anyone else in patent litigation today. Chambers USA states, “Derek Vandenburgh is a highly regarded practitioner with impressive experience representing clients in a range of disputes….”
Derek is a founding partner at Carlson Caspers, a leading IP and litigation law firm in Minneapolis, MN. Derek’s 25+ years of experience includes extensive litigation and patent law challenges in high-stakes patent and intellectual property cases in courts throughout the United States, including federal courts, district courts, and at the US Patent and Trademark Office (USPTO).
Derek has briefed and successfully argued a prolific number of appeals at the US Court of Appeals for the Federal Circuit and served as lead counsel in numerous Inter Partes Reviews and other contested proceedings before the USPTO Patent Trial and Appeal Board.
Derek’s practice at Carlson Caspers emphasizes efficient litigation management, successful dispositive motion practice, diligent appellate work, and sound litigation counseling. He has been lead counsel at multiple jury trials and taken the leading role on dozens of claim construction and other dispositive motions on a wide variety of litigation matters, including disputes concerning patents, trademarks, trade secrets, and design patents.
Earlier in his career, Derek worked in the area of patent prosecution and clerked for the Honorable Giles S. Rich of the US Court of Appeals for the Federal Circuit. He has taught Intellectual Property Moot Court at the University of Minnesota and patent litigation at Mitchell Hamline School of Law.
George Washington University, JD, with highest honors, 1989
Iowa State University, BS, Physics, 1985
Illinois Supreme Court
Minnesota Supreme Court
US District Court for the District of Minnesota
US Court of Appeals for the Federal Circuit
US Patent and Trademark Office
US Supreme Court
Derek serves on the firm’s Board of Directors, Diversity and Inclusion Committee, and Management Committee. Derek is a frequent speaker and moderator for bar associations and professional legal organizations, such as The Knowledge Group. He represents Carlson Caspers at the Twin Cities Diversity in Practice organization and frequently contributes his time and leadership to Mid-Minnesota Legal Aid, the Federal Circuit Bar Association, and other legal and community organizations.
Derek consistently ranks in the top tier of private-practice attorneys by several prestigious legal organizations and publications, including Chambers USA (leading practitioner); Best Lawyers (Lawyer of the Year, Intellectual Property, Minnesota); Best Lawyers (Patent Law, Minnesota); Managing IP Magazine (Americas 2020 Awards – Outstanding Litigator: Minnesota, IP Stars); Minnesota Super Lawyers (listed every year since 2005), IAM Patent 1000 Global Leaders, and the 2019 edition of IAM Strategy 300 – The World’s Leading IP Strategists.
AGA Medical Corp. v. W.L. Gore & Assoc. / W.L. Gore & Assoc. v. AGA Medical Corp. and St. Jude...
Carlson Caspers litigated these two cases on behalf of AGA and St. Jude Medical, against its primary competitor in the U.S. market, W.L. Gore. The cases settled on favorable terms for AGA and...
Fargo Elecs. Inc. v. IRIS LTD.
Our client was sued for patent infringement for its sale of printer ribbon for photo ID printers. We prevailed on a motion for summary judgment of no infringement, and the Federal Circuit affirmed...
Carlson Caspers scores $30 million in damages for retaining wall block manufacturer. With over 50 licensees in 21 countries, Anchor Wall Systems’s retaining wall blocks are everywhere. With such an established licensing regime, Anchor...
Smiths Medical ASD, Inc. v. Smith Medical
Carlson Caspers attorneys, Derek Vandenburgh, Tara Norgard, and Jennell Bilek secured a client-favorable settlement in a trademark case brought on behalf of global manufacturer and medical device innovator Smiths Medical. Smiths Medical is a...
Medtronic Inc. et al. v. Teleflex Life Sciences Ltd. (PTAB)
Carlson Caspers secured a key series of wins for Teleflex in a set of 17 inter partes review challenges filed by rival medical device maker Medtronic. Medtronic challenged seven Teleflex patents related to...
Spectralytics, Inc. v. Cordis Corporation and Norman Noble, Inc.
Carlson Caspers represented Spectralytics, Inc. against Cordis Corporation and its supplier Norman Noble in a three-week infringement trial involving a Spectralytics patent on a method of making cardiovascular stents with a laser. In...
Smiths Medical ASD, Inc. v. Smith Medical
Carlson Caspers attorneys, Derek Vandenburgh, Tara Norgard, and Jennell Bilek secured a client-favorable settlement in a trademark case brought on behalf of global manufacturer and medical device innovator Smiths Medical. Smiths Medical is...
We represented Qualcomm in this multidistrict litigation case in the Southern District of Ohio and subsequently on appeal. In the district court, we obtained a summary judgment ruling of non-infringement for Qualcomm. R+L...
Regents of the University of Minnesota v. AGA Medical Corporation
Carlson Caspers won a significant victory on behalf of its client AGA Medical Corporation (now owned by St. Jude Medical, Inc.) in a major decision handed down by the U.S. Court of Appeals...
Polymer Group, Inc. v. Magla Products LLC
Carlson Caspers represented Polymer Group in a trademark infringement action relating to the sale of non-woven wipes by Magla and its customer, The Kroger Company. Carlson Caspers obtained a favorable settlement for its...
Our client Cardinal was sued by Guardian for infringement of their patent related to low-emissivity glass. After review of the patent at issue, Carlson Caspers attorneys requested an Inter Partes Reexamination before the...
Exmark Mfg. Co. v. Briggs & Stratton Power Products Group
Carlson Caspers successfully prevailed in Nebraska federal court when a jury awarded its client, lawnmower maker Exmark Manufacturing Company, Inc. (a subsidiary of The Toro Company), $14.38 million in damages after a six-day...
Carlson Caspers won a very favorable Markman ruling in this dispute related to several 3M patents covering disposable respirators with exhalation valves.
Best Lawyers in America®
Chambers USA
IP Stars®
IAM Patent 1000®
IAM Patent 1000 Global Leaders
IAM Strategy 300—The World’s Leading IP Strategists
Martindale Hubbell AV Preeminent® Attorneys
Minnesota Super Lawyers®
Named on the Minnesota list by Managing Intellectual Property (2022)
Minnesota Lawyer Diversity & Inclusion Honoree (2022)
