Byron L. Pickard

Overview

Byron Pickard, managing director of Sterne, Kessler, Goldstein & Fox, is an experienced first-chair trial lawyer and appellate advocate. With an active practice in the firm’s Trial and Appellate Group, Byron is known for representing clients in complex IP litigation matters across a broad spectrum of technologies, especially in the biotechnology and high-tech sectors.

Byron has tried cases 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 summary judgement victory that allowed a biotechnology start-up client to close on a major exit transaction, a successful pursuit of a motion to dismiss for lack of standing that wiped out a claim for lost profits on behalf of a pharmaceutical start-up client, and a preliminary injunction for a patent owner against its sole competitor in a case involving electric field detection technology.

In addition to his trial work in district courts, Byron has argued dozens of appeals before the U.S. Courts of Appeals and has appeared in dozens of additional appellate matters in disparate technical fields involving virtual machines, electronic storage and back-up, digital rights management, wireless communications, business methods, public utility safety systems, and nucleic acid sequencing.

When not appearing in court, Byron regularly represents clients before the U.S. Patent and Trademark Office in post-grant proceedings, where he has handled more than 100 inter partes review proceedings. Byron has obtained critical victories at the Patent Trial and Appeal Board (PTAB) for both patent owners and patent challengers that have furthered his clients’ business and litigation objectives. Byron is also a trusted advisor, regularly providing strategic advice that allows his clients to achieve their business goals without resorting to litigation, including guiding his clients in managing threats from non-practicing entities and in negotiating patent licenses.

As managing director, Byron works closely with firm leadership, including the Executive Committee and Chair, to steer strategic initiatives for the firm. Before his election to managing director, Byron served on the firm’s Executive Committee for six years and as Practice Group Leader and Co-Practice Group Leader of the firm’s Trial and Appellate Group.

Byron is a frequent writer and speaker 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 regular 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.

Representative Matters

District Court

• Twinstrand Biosciences v. Guardant Heath (D. Del.) (oncology diagnostics)
• Allergan, Inc. v. Revance Therapeutics, Inc. (D. Del.) (pharma.)
• Vanda Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc. (D. Del.) (pharma.)
• Hybir, Inc. v. Veeam Software Corporation (D. Del.) (data storage and restoration)
• TrustID v. Next Caller (D. Del) (telecommunications)
• TrustID v. Next Caller (D. Col.) (telecommunications)
• Steuben Foods v. Shibuya (D. Del.) (industrial food processing)

Appellate

• Hybir, Inc. v. Veeam Software Corporation (Fed. Cir.) (electronic storage and restoration)
• Trading Technologies v. Interactive Brokers (Fed. Cir.) (electronic trading platform)
• Ericsson v. Intellectual Ventures (Fed. Cir.) (wireless communications)

Education

• J.D., University of Virginia School of Law
• B.A., Economics, University of Virginia