Graham C. Phero is a director in Sterne Kessler’s Mechanical & Design Practice Group. He is always ready to learn and leverages his extensive technical and legal expertise on each new project. Clients appreciate his scientific yet creative approach to complex problems, but first and foremost, Graham understands his clients’ business needs.

Graham counsels on all aspects of the intellectual property spectrum from application filing through enforcement/defense and everything in between. His experiences at the PTAB, U.S. International Trade Commission (ITC), and District Court inform his patent drafting, helping to immunize claims against future challenges. And as a pilot, Graham understands when to push the limits and when to change course.

Graham has extensive experience drafting and prosecuting patent applications in the medical, electrical, aerospace, and mechanical arts. His primary areas of technical experience include: aerial vehicles and systems, power generation and energy storage systems, clean energy systems, industrial powertrains, physiological monitoring systems, medical devices, drug delivery devices, biometric systems, additive manufacturing, semiconductors, semiconductor manufacturing, ultrasonic diagnostics, optical scanners, automotive systems, industrial equipment, textiles and apparel, sporting goods, toys and games, image forming devices, and control systems.

In the area of USPTO contested proceedings, Graham has served as counsel to some of the largest corporations in the world in their most important inter partes review, post grant review, and reexamination matters. In fact, his success against serial patent challenges resulted in a “bulletproof” patent portfolio that ultimately resulted in a favorable settlement.

Graham co-leads Sterne Kessler’s engagement in the PTAB’s Legal Experience and Advancement Program (LEAP), which provides associates with training and development opportunities in PTAB proceedings, including oral argument. He has served as an advisor to associates participating in the program.

Graham’s due diligence, valuation, and opinion drafting experience spans start-up and small scale venture capital investments to major corporate acquisitions valued at close to one billion dollars. Additionally, he has a “White Belt” in Legal Lean Sigma® and Project Management, and is a member of the Licensing Executives Society.

Graham is a contributing author of Patent Office Litigation, Second Edition, published 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 practical analysis and advice. This second edition of Patent Office Litigation is the follow up to the first version of the book that was published in 2012 by Thomson Reuters Westlaw, which focused on the contested proceedings that were introduced under the America Invents Act that year. Graham is also a contributing author to the first edition of Patent Office Litigation.

Graham earned his B.S., magna cum laude, in mechanical engineering from Virginia Polytechnic Institute and State University. During and after receiving his engineering degree, Graham innovated at Ethicon Endo-Surgery, part of the Johnson and Johnson family of companies. His engineering experience includes research and development of medical devices including the HARMONIC® Scalpel and the SEDASYS® Computer-Assisted Personalized Sedation System.

Putting his engineering skills to work on the lighter side, Graham is also a creator of the “mini fridge beer cannon,” a device developed in 2010 which was featured on BBC’s The Graham Norton Show and in Popular Science magazine.

In addition to his IP practice, Graham volunteers time providing pro bono legal services to veterans before the U.S. Court of Appeals for Veterans Claims. While in law school at The George Washington University, he represented indigent persons before the D.C. Superior Court in landlord-tenant actions, as a member of D.C. Law Students in Court.

  • Managing IP, “Rising Star” (2019)

  • J.D., The George Washington University Law School, with Honors
  • B.S., Mechanical Engineering, Virginia Polytechnic Institute and State University, magna cum laude

  • District of Columbia
  • U.S. District Court for the Eastern District of Virginia
  • United States Patent & Trademark Office
  • Virginia

  • PTAB Bar Association
  • American Institute of Aeronautics and Astronautics
  • American Society of Mechanical Engineers
  • Aircraft Owners and Pilots Association
  • Licensing Executives Society

Speaking Engagement

Aerospace Technology, Policy, and Protection of Intellectual Property: The Role of Patents and Trade Secrets in the New Space Race

Washington, DC & Virtual, Quaker Meeting House of Washington, February 17, 2023 11:40 AM - 12:50 PM PST

Related Resources

From Graham C. Phero

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Jury Awards Wirtgen $12.9M Against Caterpillar in Milling Machine Lawsuit

Equipment World

Firm Announcements

February 27, 2024

Sterne Kessler and Patterson IP Law Team Up to Secure $12.9M Wirtgen Win Over Caterpillar

Sterne, Kessler, Goldstein & Fox

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February 27, 2024

Caterpillar Owes Deere $13 Million in Road-Milling Patent Trial

Bloomberg Law

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February 26, 2024

Caterpillar to Pay Wirtgen $12.9M in Damages After Patent Battle

Construction Briefing

Firm Announcements

August 8, 2022

Sterne Kessler Raises Over $34,000 for the Legal Aid Society of the District of Columbia

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Bylined Articles

May 2, 2022

Protecting Your Innovations

Aerospace America Multiple Authors

In the News

April 28, 2022

Patent Tribunal Judges Urge Firms to Send Women, Diverse Lawyers

Bloomberg Law Multiple Authors

In the News

April 1, 2022

Skilled in the Art With Scott Graham

Law.com Multiple Authors

In the News

March 31, 2022

EU Unified Patent Court Spurs Delight and Fear for Experts

Law360 Multiple Authors

Bylined Articles

March 14, 2022

The Aerospace Revolution: Development, Intellectual Property, and Value

Westlaw Today Multiple Authors

PTAB Strategies and Insights

November 30, 2021

PTAB Strategies and Insights - November 2021

Multiple Authors

Bylined Articles

November 30, 2021

USPTO Lowers Hurdle for LEAP Participation

Sterne, Kessler, Goldstein & Fox Graham C. Phero

Bylined Articles

July 29, 2020

Inside The PTAB's New Oral Argument Training Program

Law360 Multiple Authors

In the News

April 28, 2020

Law360 Names Attys Who Moved Up The Firm Ranks In Q1

Law360 Multiple Authors

Press Release

April 16, 2020

Sterne Kessler Hosts Virtual Pro Bono Clinic for Small Businesses

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

In the News

April 1, 2020

3D Printing Ingenuity During Coronavirus Comes With IP Risks

Bloomberg Law Multiple Authors

Client Alert

March 4, 2020

IP Hot Topic: 2019 PTAB Year in Review: Analysis & Trends

Multiple Authors

Bylined Articles

February 28, 2020

Success of Motions to Stay Rising, But Why?

Sterne, Kessler, Goldstein & Fox Graham C. Phero, Lauren A. Watt

Press Release

February 28, 2020

Sterne Kessler Publishes 2019 PTAB Year in Review Report

Sterne, Kessler, Goldstein & Fox P.L.L.C. Graham C. Phero, Lauren A. Watt

Reports

February 25, 2020

2019 PTAB Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox Multiple Authors

Press Release

January 2, 2020

Sterne Kessler Elects Three New Directors and Promotes Five Attorneys to Counsel

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

In the News

December 16, 2019

PTAB Axes Caterpillar Road Milling Patent Tied To ITC Probe

Law360 Multiple Authors

Press Release

November 28, 2019

Three Sterne Kessler Attorneys Named IP “Rising Stars” by Managing Intellectual Property

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

PTAB Strategies and Insights

March 29, 2019

PTAB Strategies and Insights - March 2019

Multiple Authors

In the News

March 20, 2019

A Look Back At The PTAB's Busy Two Weeks Of Precedents

Law360 Multiple Authors

In the News

March 19, 2019

Patent Amendments Face Better Odds Under New AIA Plan

Law360 Multiple Authors

Client Alert

March 15, 2019

USPTO Announces Sweeping Changes to Motion to Amend Procedures in AIA Trials via Pilot Program

Graham C. Phero, Michael D. Specht

In the News

January 10, 2019

ITC Case Won't Stop PTAB From Reviewing Caterpillar Patent

Law360 Graham C. Phero, Michael D. Specht

PTAB Strategies and Insights

December 27, 2018

PTAB Strategies and Insights - December 2018

Graham C. Phero, Jason D. Eisenberg

Bylined Articles

December 27, 2018

Proposed New Motion to Amend Procedure Gives Patent Owners a Fighting Chance at Success

Sterne, Kessler, Goldstein & Fox Graham C. Phero

PTAB Strategies and Insights

November 29, 2018

PTAB Strategies and Insights - November 2018

Multiple Authors

Bylined Articles

November 29, 2018

Proposed New Motion to Amend Procedure

Sterne, Kessler, Goldstein & Fox Graham C. Phero, Jason D. Eisenberg

PTAB Strategies and Insights

September 21, 2018

PTAB Strategies and Insights - September 2018

Graham C. Phero

Bylined Articles

September 21, 2018

Best Strategies for ITC Respondents When Considering a PTAB Action

Sterne, Kessler, Goldstein & Fox P.L.L.C. Graham C. Phero, Jason D. Eisenberg

Books and Chapters

February 17, 2017

Patent Office Litigation - Second Edition 2017

Thomson Reuters Westlaw Multiple Authors

In the News

April 28, 2016

Bulletproof TransData Patents get Trial Date in GE Patent Infringement Dispute

IPWatchdog.com Multiple Authors

Client Alert

October 30, 2015

Stratasys Extrudes Past IPR Petitions; Set to Build 3D Printer Case Against Afinia

Graham C. Phero

Bylined Articles

March 14, 2015

Mind-Controlled Exoskeleton at the FIFA World Cup: A Public Display Is a Public Disclosure

Bloomberg BNA - Medical Devices Law & Industry Report Graham C. Phero

Bylined Articles

November 4, 2014

The Additive Manufacturing Revolution and the Corresponding Legal Landscape

Virtual and Physical Prototyping Graham C. Phero

Bylined Articles

May 1, 2014

Ask an Expert - Patents: What New and Emerging Life Sciences Companies Should Know

Medmarc Graham C. Phero

Books and Chapters

January 1, 2012

Patent Office Litigation

Thomson Reuters Westlaw Multiple Authors