Byron, a highly experienced litigator, has been recognized as a "Super Lawyer" in Washington, DC since 2016.

Overview

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.

Representative Matters

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)

Accolades

  • Patexia, “100 Best Performing Attorneys Representing Petitioners – Inter Partes Review” (2022)
  • Super Lawyers, “Super Lawyer – Washington DC” (2024 – 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)

Education

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

Admissions

  • 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

Events

Speaking Engagement 2023 Focus on Pharma Washington, DC, April 14, 2023
Speaking Engagement IP Strategy Summit: Silicon Valley Palo Alto, CA, June 13, 2017

Related Resources From Byron L. Pickard

Press Release Eighteen Sterne Kessler Attorneys Recognized as 2024 “Super Lawyers” and “Rising Stars” Sterne, Kessler, Goldstein & Fox April 25, 2024
Firm Announcements Sterne Kessler Secures Victory on Behalf of Teva Pharmaceuticals Sterne, Kessler, Goldstein & Fox April 24, 2024
In the News Petition Watch: Patent Obviousness, ADA Trials, Spoofing Law360 January 25, 2024
In the News Delaware Jury: Guardant Willfully Infringed Patents With DNA Sequencing Kits Mealey's Litigation Report: Intellectual Property, pub. 41094 November 16, 2023
Firm Announcements Sterne Kessler Scores $83.4M Federal Jury Verdict for TwinStrand Biosciences, Inc. Sterne, Kessler, Goldstein & Fox November 15, 2023
In the News DNA Sequencing Patent Survives Guardant PTAB Challenge Law360 October 11, 2023
In the News Shibuya Sheds $38 Million Patent Loss With Noninfringement Order Bloomberg Law March 15, 2023
In the News Teva, Apotex Win Ax of Patents in Sleep Drug Suit Law360 December 13, 2022
In the News Patexia Insight 161: Top CAFC Law Firms of 2022 Patexia December 1, 2022
In the News Patexia Insight 158: Top IPR Firms of 2022 Patexia November 10, 2022
In the News Korean Co. Can't Be First To Invent CRISPR, PTAB Told Law360 September 12, 2022
Press Release Super Lawyers Recognizes 14 Attorneys as 2022 “Super Lawyers” and “Rising Stars” Sterne, Kessler, Goldstein & Fox May 1, 2022
Press Release Sterne Kessler Client Wins 2020 Nobel Prize in Chemistry for CRISPR-Cas9 Technology Sterne, Kessler, Goldstein & Fox P.L.L.C. October 8, 2020
Press Release Sterne, Kessler, Goldstein & Fox Attorneys Named 2020 Super Lawyers and Rising Stars Sterne, Kessler, Goldstein & Fox P.L.L.C. April 30, 2020
In the News Juul Rival Warned That TM Suit Is Nothing To 'LOL' About Law360 February 14, 2020
Press Release Sterne, Kessler, Goldstein & Fox Summarizes Key Decisions in 2019 Federal Circuit Appeals From The PTAB Report Sterne, Kessler, Goldstein & Fox P.L.L.C. February 3, 2020
In the News Invalidating Abstract Patents Isn't Working, Justices Told Law360 September 16, 2019
In the News Golf Club Makers Settle Sprawling 23-Patent Suit Law360 February 4, 2019
In the News Allergan, Generic Cos. Battle Over Restasis Launch Plans Law360 October 31, 2018
In the News Rocket-er Docket: Mass. IP Case Sees 2 Trials In 6 Months Law360 September 28, 2018
In the News Patent Cases To Watch In The 2nd Half Of 2018 Law360 July 6, 2018
In the News Week Ahead in Intellectual Property, Feb. 13, 2017 Reuters February 13, 2017
In the News Fed. Circ. Affirms PTAB Upholding Of IV Processor Patent Law360 February 25, 2016
Press Release Sterne Kessler Director Named Top Lawyer Under 40 fivejars June 17, 2015
In the News Glenmark Sues Sanofi to Clear Way for Antidiuretic Law360 April 16, 2014