BYRON | RAPHAEL LLP is a California-based law firm with offices in Northern and Southern California. Although founding partners Jordan Raphael and Tim Byron built their reputation navigating high-profile intellectual property disputes, the firm’s practice has since expanded far beyond trademark, copyright, and patent matters to a business disputes of all sorts.

We founded Byron Raphael because we saw an opportunity for a different kind of law firm:

We offer “big law” service at small firm rates.  Our backgrounds and expertise rival what you will find at big, national firms.  But our boutique-firm structure avoids the costly overhead and leveraged model that can drive up legal expenses at our larger competition.  In other words, we offer value by design. We will partner with you to achieve the best outcome in the most cost-efficient manner possible.

We are professional problem solvers.  Not every dispute requires a court filing. Some can be solved with a simple phone call, while others require outside-the-box thinking. We are here to solve your problems, not follow a road map.  We will learn about your business and your legal issues, and customize a strategy to reach your goals decisively and efficiently.

We know that communication matters.  Persuasion does not happen by accident; it requires thoughtfulness and attention to detail.  We strive to ensure that every document and court appearance is carefully thought out and crafted to ensure you get the best representation.

Panel 1

Industries

Over the past decade, the attorneys of Byron | Raphael LLP have developed deep expertise in certain industries—industries where they not only know the law, but also the players, the marketplace, and the consumers.

Fashion & Apparel.  Today, the fashion/apparel industry is truly global—a single garment may be designed in Europe, manufactured in Asia, and sold in the United States.  And a single product can implicate all of the main intellectual property regimes—trademark, trade dress, copyright, and patent law—as well as a host of contractual and business issues.  These regimes provide ample tools for companies interested in protecting their brands or product designs; they can also represent a minefield for the unwary.   We represent footwear and clothing companies as plaintiffs and defendants in high-stakes trademark, trade dress, patent, and contractual disputes.  We also provide intellectual property counseling to the industry, assisting you in protecting your brands and product designs while avoiding legal actions.  Notable representations:

  • Universal Standard Inc. v. Target Corp. (S.D.N.Y.)
  • Wildfang Co. v. Target Corp. (D. Or.)
  • Deckers Outdoor Corp. v. Romeo v. Juliette, Inc. (C.D. Cal.)
  • Deckers Outdoor Corp. v. Gap, Inc. (C.D. Cal.)
  • adidas America, Inc. v. Skechers, Inc. (D. Or.)
  • Nike Inc. v. Skechers, Inc. (D. Or.)
  • Quiksilver Inc. v. World Marketing Inc. (C.D. Cal. & 9th Cir.)
  • Quiksilver Inc. v. Rox Volleyball Inc. (C.D. Cal.)
  • Gucci America, Inc. v. Guess?, Inc. (S.D.N.Y.)

Food & Beverage.  Our expertise in the food and beverage industries goes far beyond helping clients grow and protect their brands.  We have also represented clients in actions concerning false advertising and mislabeling and in business disputes supply chain partners and distributors.   Notable representations:

  • Lifeway Foods, Inc. v. Millennium Products, Inc. (C.D. Cal.)
  • Trader Joe’s Co. v. Hallatt DBA Pirate Joe’s (W.D. Wash. & 9th Cir.)

Technology & Consumer Products.  All intellectual property law firms claim expertise in the tech sector.  What sets Byron Raphael apart is our focus on consumer-facing technology and products.  We understand the challenges facing technology companies operating in a quickly evolving competitive landscape, and we have represented clients in disputes involving the design and marketing of smart phones, apps, laptops, video games, and musical instruments.  Notable representations:

  • Free Kick Master LLC v. Apple Inc. (N.D. Cal.)
  • Ironworks Patents LLC v. Apple Inc. (D. Del. & Fed. Cir.)
  • Williamson v. Citrix Online LLC (C.D. Cal. & Fed. Cir.)
  • Comarco Wireless Technologies v. Apple Inc. (C.D. Cal.)
  • Buchla v. Buchla Electronic Musical Instruments LLC (N.D. Cal.)
  • Hitachi Consumer Electronics Co., Ltd. v. Top Victory Electronics (Taiwan) Co., Ltd. (E.D. Tex.)
  • Serendip LLC v. Musicast (S.D.N.Y.)
  • Kebapci v. Tune Core Inc. and Believe Digital Canada Inc. (E.D.N.Y.)

Media & Entertainment.   Before they were lawyers, the attorneys of Byron Raphael were copyright owners — Jordan Raphael co-authored a biography of comic book pioneer Stan Lee, and Tim Byron paid for his final year of law school with royalties from musical compositions he had co-written.  They had also amassed years of professional experience in the publishing, music, and gaming industries.  They joined entertainment law titan O’Melveny & Myers to build off this experience.  Since founding Byron Raphael, they have advised and represented entertainment and media clients in a variety of copyright and trademark disputes.  Our offices in Southern California and Northern California give us twin footholds in the historic capital of entertainment production (Hollywood) and the nascent capital of entertainment distribution (Silicon Valley).  Notable representations:

  • Cheever v. Huawei Technologies Co. Ltd. (N.D. Cal.)
  • Serendip LLC v. Musicast (S.D.N.Y.)
  • Kebapci v. Tune Core Inc. and Believe Digital Canada Inc. (E.D.N.Y.)
Panel 2

Jordan Raphael

Southern California
1055 West 7th Street
Suite 3300
Los Angeles, CA 90017
jraphael@byronraphael.com
(213) 291-9800

Jordan Raphael is an experienced commercial litigator whose practice focuses on intellectual property matters such as trademark litigation and prosecution, patent litigation, copyright law, and IP licensing.

Jordan has represented domestic and international companies across diverse industries including technology, consumer electronics, apparel, and grocery, among others.  He believes that not all disputes should be resolved in court and that oftentimes a quick, creative resolution best serves his clients’ needs.

Jordan has contributed several articles on intellectual property issues to a variety of publications including the Oxford University Press publication, “Trademark & Unfair Competition Law.”  He was selected to the Super Lawyers Rising Stars List for Intellectual Property in 2016 and 2017.

Before founding Byron | Raphael LLP, Jordan spent ten years as an attorney with the law firm of O’Melveny & Myers LLP.

Admissions

  • California State Bar
  • US District Court, Central, Northern, Eastern and Southern Districts of California
  • US Court of Appeals for the Ninth Circuit

Education

  • University of Southern California, J.D.: Order of the Coif; Senior Editor, Southern California Law Review
  • University of Southern California, M.A., Journalism
  • McGill University, B.A., Mathematics and English:  joint honors; Dean’s Honor Roll

Notable Representations

  • adidas America, Inc. v. Skechers, Inc. (D. Or.)
  • Lifeway Foods, Inc. v. Millennium Products, Inc. (C.D. Cal.)
  • Free Kick Master LLC v. Apple Inc. (N.D. Cal.)
  • Quiksilver Inc. v. Rox Volleyball Inc. (C.D. Cal.)
  • Hitachi Consumer Electronics Co., Ltd. v. Top Victory Electronics (Taiwan) Co., Ltd. (E.D. Tex.)
  • Quiksilver Inc. v. World Marketing Inc. (C.D. Cal. & 9th Cir.)
  • Gucci America, Inc. v. Guess?, Inc. (S.D.N.Y.)
Panel 3

Tim Byron

Northern California
100 Pine Street, Suite 1250
San Francisco, CA 94111
tbyron@byronraphael.com
(415) 839-8500

Tim Byron represents clients in intellectual property and business disputes.  Tim’s trademark and false advertising experience has spanned diverse industries including apparel, footwear, consumer electronics, food/beverage products, and musical instruments.  Tim’s patent litigation matters have involved a wide range of technology, from web-based video conferencing to automotive safety to mobile device functionality. Tim is an accomplished legal writer who excels at explaining challenging technology to judges, juries, and third-party neutrals.  But while proud of his victories at trial and on appeal, Tim takes equal pride in the disputes he has resolved with a phone call or a strongly worded letter, and works closely with each client to ensure its issues are resolved in the manner that serves its needs.  Tim also provides counseling on intellectual property matters, including trademark portfolio management and developing trade secret best practices.

Before co-founding Byron | Raphael LLP, Tim served as counsel with the law firm of O’Melveny & Myers LLP.  Before joining O’Melveny, Tim clerked for the Honorable Samuel Conti, US District Court, Northern District of California.

Admissions

  • California State Bar
  • US District Court, Northern and Central Districts of California, Eastern District of Michigan
  • US Court of Appeals for the Federal Circuit
  • US Court of Appeals for the Ninth Circuit

Education

  • University of California at Berkeley, J.D.: Member, Order of the Coif; senior supervising editor, California Law Review; Recipient, Law and Technology Certificate; Prosser Prize, Intellectual Property Scholarship Seminar; member, Patent Law Society
  • Claremont McKenna College, B.A., physics: magna cum laude and honors within the major

Notable Representations

  • Lifeway Foods, Inc. v. Millennium Products, Inc. (C.D. Cal.)
  • Ironworks Patents LLC v. Apple Inc. (D. Del. & Fed. Cir.)
  • Williamson v. Citrix Online LLC (C.D. Cal. & Fed. Cir.)
  • Free Kick Master LLC v. Apple Inc. (N.D. Cal.)
  • Comarco Wireless Technologies v. Apple Inc. (C.D. Cal.)
  • Quiksilver Inc. v. Rox Volleyball Inc. (C.D. Cal.)
  • Buchla v. Buchla Electronic Musical Instruments LLC (N.D. Cal.)
  • Quiksilver Inc. v. World Marketing Inc. (C.D. Cal. & 9th Cir.)
Panel 4

Practice Areas

The attorneys of Byron Raphael LLP focus on diverse areas of high-stakes litigation, including intellectual property matters of all types (patent, trademark, false advertising, and copyright) as well as general commercial litigation. We also work with our clients on strategies to protect their valuable intellectual property, enforce their intellectual property rights, and avoid costly litigation.

Trademark & False Advertising. We have extensive experience in all forms of trademark law, including litigation, prosecution, counseling, licensing, ICANN domain name proceedings, and enforcement.  But what sets us apart from the pack is our passion and enthusiasm for the legal and practical aspects of trademarks.  In addition to taking trademark disputes to trial, we help clients resolve enforcement and protection issues quickly by targeting infringement in the early stages and assisting in the selection of marks that minimize the risk of conflict with third parties.  We also help clients navigate the related area of false advertising, including defending against claims of misrepresentation in product names and packaging.  Notable representations:

  • Universal Standard Inc. v. Target Corp. (S.D.N.Y.)
  • Wildfang Co. v. Target Corp. (D. Or.)
  • Quiksilver Inc. v. Rox Volleyball Inc. (C.D. Cal.)
  • Quiksilver Inc. v. World Marketing Inc. (C.D. Cal. & 9th Cir.)
  • Lifeway Foods, Inc. v. Millennium Products, Inc. (GT’s Living Foods) (C.D. Cal.)
  • adidas America, Inc. v. Skechers, Inc. (D. Or.)
  • Free Kick Master LLC v. Apple Inc. (N.D. Cal.)

Copyright Litigation.  As copyright owners ourselves (Jordan for his written works and Tim for his musical works), we bring personal insight and passion to copyright disputes.  We have litigated a wide range of issues, including the Digital Millennium Copyright Act, licensing disputes, and the unauthorized streaming of musical and video works.  Because the fee-shifting provisions of the Copyright Act can turn even the smallest copyright dispute into a high-stakes ordeal, we aim to resolve each matter efficiently and with an outcome that meets our client’s business goals. .  Notable representations:

  • Cheever v. Huawei Device USA, Inc. (N.D. Cal.)
  • Moyer v. ASUSTek Computer Inc. (N.D. Cal.)
  • Quiksilver Inc. v. Rox Volleyball Inc. (C.D. Cal.)
  • Quiksilver Inc. v. World Marketing Inc. (C.D. Cal. & 9th Cir.)
  • Lifeway Foods, Inc. v. Millennium Products, Inc. (C.D. Cal.)
  • adidas America, Inc. v. Skechers, Inc. (D. Or.)
  • Free Kick Master LLC v. Apple Inc. (N.D. Cal.)
  • Serendip LLC v. Musicast (S.D.N.Y.)
  • Kebapci v. Tune Core Inc. and Believe Digital Canada Inc. (E.D.N.Y.)

Patent Litigation. The past ten years have brought about a sea change in patent law, from the America Invents Act to groundbreaking rulings like Alice v. CLS Bank and VirnetX, Inc. v. Cisco Systems, Inc.  The attorneys of Byron Raphael have witnessed that seismic change from the front lines.  Through this experience — which includes numerous jury trials, Federal Circuit appeals, and IPR proceedings — we have developed complementary areas of expertise.  Tim Byron excels on the technological side, reveling in the opportunity to dig into a new technology or industry and explain it to the judge or jury.  Jordan Raphael is a well-known authority in the fields of patent damages and surveys — critical areas for clients interested in minimizing their damages exposure.  We also both have considerable experience in the quickly growing field of design patent litigation, including winning a $5.25 million willful infringement jury verdict for our client, UGG® boot maker Deckers Outdoor Corporation, against competitor Romeo & Juliette Inc. and its Bearpaw brand.  We stress the importance of explaining a client’s position clearly and consistently, and with common sense. Judges have little patience for dense jargon or strained application of the case law. Effective storytelling is critical.  Notable representations:

  • Deckers Outdoor Corp. v. Romeo v. Juliette, Inc. (C.D. Cal.)
  • Deckers Outdoor Corp. v. Gap, Inc. (C.D. Cal.)
  • Ironworks Patents LLC v. Apple Inc. (D. Del. & Fed. Cir.)
  • Williamson v. Citrix Online LLC (C.D. Cal. & Fed. Cir.)
  • Comarco Wireless Technologies v. Apple Inc. (C.D. Cal.)
  • Hitachi Consumer Electronics Co., Ltd. v. Top Victory Electronics (Taiwan) Co., Ltd. (E.D. Tex.)
  • Nike Inc. v. Skechers, Inc. (D. Or.)

Commercial Litigation. We represent clients in a wide array of complex commercial matters, including disputes relating to contracts, licensing, false advertising, and unfair competition.  We’ve learned that there is no single road map to success in business disputes, and that clients measure “success” differently. Some clients want to win at all costs and establish helpful precedent for the future. Others are driven by the bottom line. Whatever your goal is, we will work toward it through attention to detail and common sense.  Notable representations:

  • Buchla v. Buchla Electronic Musical Instruments LLC (N.D. Cal.)
  • Lifeway Foods, Inc. v. Millennium Products, Inc.(C.D. Cal.)
  • adidas America, Inc. v. Skechers, Inc. (D. Or.)
  • Ahl-E-Bait Media Inc. v. Jadoo TV Inc. (C.D. Cal.)