Byron Pickard is a director at Sterne, Kessler, Goldstein and Fox and a member of the firm’s Trial and Appellate Group. He is an experienced first-chair trial lawyer, appellate advocate, and practitioner at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB).
Byron has first chaired jury trials in courts across the country. His recent wins include obtaining an $83.4 Million jury verdict of willful infringement against a publicly-traded oncology company, a preliminary injunction for a start-up-company patent owner, an affirmative summary judgment of fraud in a trademark case, and a non-infringement judgment as a matter of law in a decade-long defense of an aseptic-bottling equipment manufacturer.
In addition to his trial work, Byron has argued dozens of appeals before the U.S. Courts of Appeals and has appeared in dozens of additional appellate matters.
When not appearing in court, Byron regularly represents clients before U.S. Patent Office in inter partes review matters. Additionally, he serves on the firm’s Executive Committee and formerly served as the Practice Group Leader, and later Co-Practice Group Leader, of the firm’s Trial and Appellate Group.
Byron regularly writes and speaks on complex patent issues offering insightful analysis and practical advice to readers and audiences. He authored a chapter of Patent Office Litigation, Second Edition, published by Thomson Reuters Westlaw. In addition to his written works and speeches, Byron is a frequent source for reporters who cover developments in the IP space.
Byron earned his J.D. at the University of Virginia School of Law and has a B.A. in economics, also from the University of Virginia. He lives in Alexandria, VA with his wife and children.
Appellate
- The Sun Products Corporation v. Jerry Bruch, et al. (2nd Cir) (Fraud)
- AstraZeneca v. Torrent (CAFC) (Hatch-Waxman Appeal)
- Energy Transport v. Demant (CAFC) (Hearing Aids)
- In re Jung (CAFC) (Photo Sensors)
District Court
- The Sun Products Corporation v. Jerry Bruch, et al. (S.D.N.Y.) (Trademark Infringement/Fraud)
- Carestream v. Caliper Life Sciences (W.D. WI) (In Vivo Molecular Imaging)
- Xenogen v. Carestream (N.D. CA) (In Vivo Molecular Imaging)
- Caliper v. Shimadzu (E.D. TX) (Microfluidics)
- Nanosys v. Nanoco Technologies (W.D. WI) (Nanotech)
- Juxtacomm v. Sybase (E.D. TX) (Software)
- Juxtacomm v. Parkway (M.D. FL) (Software)
- The Sun Products Corporation v. American Greeting (D. DE) (Trademark)
- Glenmark v. GlaxoSmithKline (D. DE) (Generic Pharmaceuticals)
- Symantec v. Veeam (N.D. CA) (Virtual-Machine Backup Software)
- Veeam v. PB&J (S.D. OH) (Back-up Software)
- Codon v. Febit (D. MA) (Polymers)
- Power Survey v. L-3 Communications (D. NJ) (Stray -Voltage Detection)
- Patexia, “100 Best Performing Attorneys Representing Petitioners – Inter Partes Review” (2022)
- Super Lawyers, “Super Lawyer – Washington DC” (2023 – 2016)
- Patexia, “100 Most Active CAFC Attorneys Representing Patent Appellants (Top 50)” (2022)
- Patexia, “100 Most Active CAFC Attorneys Overall (Representing Appellants and Appellees)” (2022)
- Super Lawyers, “Rising Star – Washington DC” (2014)
- Bisnow Ventures, “Trending 40 Lawyers Under 40” (2015)
- J.D., University of Virginia School of Law
- B.A., Economics, University of Virginia
- District of Columbia
- Supreme Court of Virginia
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- United States Bankruptcy Court, Eastern District of Virginia
- United States Patent & Trademark Office
- Virginia
Webinar
PTAB Briefing Webinar Series: District Court Patent Litigation (Part 3 of 3):PTAB Impacts to Late Phases – Estoppels and Damages
June 18, 2020 1:00 PM - 2:00 PM EST
The 4th Annual IP Strategy Summit
November 10, 2015