Mind + Muscle

technical minds + legal muscle

Bracket
Sterne Kessler Goldstein Fox
Byron L. Pickard

Mind + Muscle

Byron L. Pickard

Director

 

Mr. Pickard, a director and co-chair of the firm's Litigation Group, focuses his practice on patent litigation, trademark and trade-dress issues, copyright matters, licensing disputes, and commercial disputes affecting intellectual property.  Mr. Pickard has litigated a broad range of patent-infringement matters at federal appellate courts, federal district courts, and at the U.S. Patent and Trademark Office, including matters involving patents covering software, semiconductors, nanotechnology, genetic sequencing, microfluidics, genetic diagnostics, clean-fuel technologies, molecular in vivo imaging, and pharmaceuticals.

His trial experience includes jury trials in the Eastern District of Virginia and the Northern District of Georgia.  Mr. Pickard successfully argued an appeal at the U.S. Court of Appeals for the 2nd Circuit, which upheld a trial court's summary judgment of fraud in a trademark case.  He has also handled cases before the Federal Circuit, the Eastern District of Texas, the Western District of Wisconsin, the Northern District of California, and the District of Delaware, among others.

Mr.Pickard has been named a Rising Star in Patent Litigation by D.C. Super Lawyers.  Among other publications, Mr. Pickard 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 that focused on the contested proceedings that were introduced under the America Invents Act that year.

Mr. Pickard is a contributing author of Patent Office Litigation, a two-volume set focused on the contested proceedings created by the America Invents Act. 

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)
  • 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)
  • Admissions
      • Virginia

      • District of Columbia

      • United States Court of Appeals for the Federal Circuit

      • United States Court of Appeals for the Fourth Circuit

      • United States District Court for the Eastern District of Virginia

      • United States District Court for the Western District of Virginia

      • United States District Court for the District of Columbia

      • United States Bankruptcy Court, Eastern District of Virginia

      • Supreme Court of Virginia

      • United States Patent and Trademark Office

  • Education
    • J.D., University of Virginia

    • B.A., Economics, University of Virginia

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