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” (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)

  • 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

Speaking Engagement

2023 Focus on Pharma

Washington, DC, April 14, 2023 8:30 AM - 6:00 PM EST

Speaking Engagement

IP Strategy Summit: Silicon Valley

Palo Alto, CA, June 13, 2017

Related News & Insights

From Byron L. Pickard

Firm News

July 10, 2024

Sterne Kessler Wins Appeal of PTAB Decision for Beable Education

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Firm News

April 25, 2024

Eighteen Sterne Kessler Attorneys Recognized as 2024 “Super Lawyers” and “Rising Stars”

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Firm News

April 24, 2024

Sterne Kessler Secures Victory on Behalf of Teva Pharmaceuticals

Sterne, Kessler, Goldstein & Fox

In the News

January 25, 2024

Petition Watch: Patent Obviousness, ADA Trials, Spoofing

Law360

In the News

November 16, 2023

Delaware Jury: Guardant Willfully Infringed Patents With DNA Sequencing Kits

Mealey's Litigation Report: Intellectual Property, pub. 41094

In the News

November 15, 2023

Seattle Startup Wins $83M In IP Spat With Silicon Valley Rival

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Firm News

November 15, 2023

Sterne Kessler Scores $83.4M Federal Jury Verdict for TwinStrand Biosciences, Inc.

Sterne, Kessler, Goldstein & Fox

In the News

October 11, 2023

DNA Sequencing Patent Survives Guardant PTAB Challenge

Law360

In the News

March 15, 2023

Shibuya Sheds $38 Million Patent Loss With Noninfringement Order

Bloomberg Law

In the News

March 14, 2023

Fed. Circ. Unsure Vanda's Sleep Med Hetlioz Is Patentable

Law360

In the News

January 3, 2023

Fed. Circ. Won't Bar Generic Sleep Meds Amid Vanda Appeal

Law360

In the News

December 13, 2022

Teva, Apotex Win Ax of Patents in Sleep Drug Suit

Law360

In the News

December 1, 2022

Patexia Insight 161: Top CAFC Law Firms of 2022

Patexia

In the News

November 10, 2022

Patexia Insight 158: Top IPR Firms of 2022

Patexia

In the News

September 12, 2022

Korean Co. Can't Be First To Invent CRISPR, PTAB Told

Law360

Firm News

May 1, 2022

Super Lawyers Recognizes 14 Attorneys as 2022 “Super Lawyers” and “Rising Stars”

Sterne, Kessler, Goldstein & Fox

In the News

May 4, 2021

PTAB Faulted For Logic Behind Anti-Spoofing Patent Ruling

Law360

Firm News

October 8, 2020

Sterne Kessler Client Wins 2020 Nobel Prize in Chemistry for CRISPR-Cas9 Technology

Sterne, Kessler, Goldstein & Fox P.L.L.C.

In the News

June 4, 2020

Fed. Circ. Says It Can't Award Atty Fees Tied To PTAB Cases

Law360

Firm News

April 30, 2020

Sterne, Kessler, Goldstein & Fox Attorneys Named 2020 Super Lawyers and Rising Stars

Sterne, Kessler, Goldstein & Fox P.L.L.C.

In the News

February 14, 2020

Juul Rival Warned That TM Suit Is Nothing To 'LOL' About

Law360

Client Alert

February 3, 2020

IP Hot Topic: Federal Circuit Appeals from the PTAB: Summaries of Key 2019 Decisions

Jon E. Wright, Michael Joffre, Ph.D.

Firm News

February 3, 2020

Sterne, Kessler, Goldstein & Fox Summarizes Key Decisions in 2019 Federal Circuit Appeals From The PTAB Report

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Reports

January 24, 2020

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions

Sterne, Kessler, Goldstein & Fox Multiple Authors

Articles

January 24, 2020

Honeywell International Inc. v. Arkema Inc., 939 F.3d 1345 (Fed. Cir. 2019)

Sterne, Kessler, Goldstein & Fox Byron L. Pickard

In the News

January 9, 2020

'Indefensible' Patent Eligibility Rule Must Go, Justices Told

Law360

In the News

December 20, 2019

SG Tells Justices To Skip 'Unsuitable' Abstract Patent Appeal

Law360

In the News

September 16, 2019

Invalidating Abstract Patents Isn't Working, Justices Told

Law360

In the News

July 30, 2019

IBG, Broker Ask High Court To Clarify 'Confusing' CBM Rules

Law360

In the News

July 1, 2019

Fed. Circ. Lets Alice Invalidate Another Trading Tech Patent

Law360

In the News

May 14, 2019

Fed. Circ. Axes 4 More Trading Tech Patents Under Alice

Law360

In the News

April 18, 2019

Fed. Circ. Won't Revive Alice-Axed Trading Tech Patents

Law360

Reports

February 19, 2019

2019 Report: Federal Circuit Appeals from the PTAB - Summaries of Key 2018 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. Multiple Authors

In the News

February 4, 2019

Golf Club Makers Settle Sprawling 23-Patent Suit

Law360

In the News

October 31, 2018

Allergan, Generic Cos. Battle Over Restasis Launch Plans

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In the News

September 28, 2018

Rocket-er Docket: Mass. IP Case Sees 2 Trials In 6 Months

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In the News

August 22, 2018

Fed. Circ. Time-Bar Case Puts Pressure On Patent Defendants

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In the News

August 21, 2018

Fed. Circ. Pushes Flexible Approach On 'Printed Publications'

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In the News

July 6, 2018

Patent Cases To Watch In The 2nd Half Of 2018

Law360

Reports

March 1, 2018

2018 Report: Federal Circuit Appeals from the PTAB - Summaries of Key 2017 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. Multiple Authors

In the News

July 17, 2017

Fed. Circ. Backs PTAB Ruling Upholding Prison Phone Patent

Law360

In the News

June 6, 2017

Appealing PTAB Loss, IV Finds Tough Crowd at Fed. Circ.

Law360

In the News

May 22, 2017

3 Takeaways From the Supreme Court's Patent Venue Ruling

Law360

Reports

March 7, 2017

2017 Report: Federal Circuit Appeals from the PTAB - Summaries of Key 2016 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. Multiple Authors

Books and Chapters

February 17, 2017

Patent Office Litigation - Second Edition 2017

Thomson Reuters Westlaw Multiple Authors

In the News

February 13, 2017

Week Ahead in Intellectual Property, Feb. 13, 2017

Reuters

Articles

January 11, 2017

The Future of Forum-Shopping in a Post-TC Heartland World

IP Watchdog Byron L. Pickard, Joseph H. Kim

Client Alert

June 14, 2016

SCOTUS Paves the Way for Enhanced Damages with Halo Ruling

Byron L. Pickard

In the News

February 25, 2016

Fed. Circ. Affirms PTAB Upholding Of IV Processor Patent

Law360

In the News

April 16, 2014

Glenmark Sues Sanofi to Clear Way for Antidiuretic

Law360

Books and Chapters

January 1, 2012

Patent Office Litigation

Thomson Reuters Westlaw Multiple Authors