Byron Pickard, a director in Sterne Kessler's Trial & Appellate Practice Group, focuses his practice on district-court patent trial, appeals before the Federal Circuit, and before the Patent Trial and Appeal Board. An experienced advocate, Byron has tried cases before juries, argued more than a dozen cases in the federal courts of appeal, and tried dozens of inter partes reviews before the Patent Trial and Appeal Board.
Byron’s extensive patent-litigation experience covers a wide range of technologies, including wireless communications, virtual machines, microfluidics, genetic diagnostics, in vivo imaging, stray-voltage detection, sporting goods, and pharmaceuticals, to name a few. In addition to patent matters, Byron handles legal matters in additional areas of IP law, including trademark, trade dress, trade secrets, copyrights, and licensing matters.
Byron is particularly noted for understanding his clients' business as it intersects with IP, and he has been recognized as a "Top-rated Intellectual Property Litigation Attorney" and a "Rising Star in Patent Litigation" and "Super Lawyer" in Patents by the peer-review based publication Super Lawyers. In 2015, Bisnow Ventures named him among an elite roster of "Washington's Trending 40 Lawyers Under 40."
Byron regularly writes and speaks on complex patent issues offering insightful analysis and practical advice to readers and audiences. Most recently, Byron authored a chapter of Patent Office Litigation, Second Edition, published by Thomson Reuters Westlaw in 2017. The book provides a fresh and comprehensive exploration of patent office litigation proceedings, including how the proceedings interact with other aspects of patent procurement and enforcement, while delivering useful guidance for IP practitioners. 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.
Achievements
- Patexia, "100 Best Performing Attorneys Representing Petitioners – Inter Partes Review” (2022)
- Super Lawyers, "Super Lawyer - Washington DC" (2022 - 2016)
- Patexia, "100 Most Active CAFC Attorneys Representing Patent Appellants (Top 50)" (2021)
- Patexia, "100 Most Active CAFC Attorneys Overall (Representing Appellants and Appellees)" (2021)
- Super Lawyers, "Rising Star - Washington DC" (2014)
- Bisnow Ventures, "Trending 40 Lawyers Under 40" (2015)
Representative Matters
- 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)
- 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)