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.

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.)

Trademark, False Advertising, & Copyright. 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. As for copyright, 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. As copyright owners ourselves (Jordan for his written works and Tim for his musical works), we bring personal insight and passion to copyright disputes.  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.)

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.)