Stephanie O'Byrne

Stephanie O'Byrne

Of Counsel
Wilmington
About

Stephanie O'Byrne is a first-chair intellectual property litigator who frequently presents oral arguments at hearings and conducts examinations at trial. Her robust experience in the District of Delaware includes handling over 300 patent cases and previously serving as the permanent patent law clerk for the Honorable Sue L. Robinson. She fuses her knowledge of the Delaware judges and court procedure with practical, business-oriented advice for navigating disputes. Most recently, Stephanie and her teams achieved two favorable jury verdicts in the District of Delaware. She focuses on cases involving pharmaceuticals, medical devices, biotechnology, and consumer products, and has experience across a wide array of technologies.

Stephanie has distinctive Delaware experience with trademark infringement, Lanham Act, and coexistence agreement litigation—including through a successful jury verdict. Stephanie has also practiced in the Delaware Superior Court and has successfully briefed appeals to the Third Circuit.

Areas of FocusIntellectual PropertyPatent Litigation
Bar admissionsDelawareUnited States Patent and Trademark Office
CourtsUnited States District Court for the District of DelawareUnited States Court of Appeals for the Federal CircuitUnited States Court of Appeals for the Third Circuit

EXPERIENCE

Recent Notable Cases
  • Chervon (HK) Ltd. et al. v. One World Technologies, Inc. et al., D. Del. C.A. No. 19-1293-GBW (February 2025): Stephanie was an integral part of the trial team in this case involving client Techtronic's RYOBI-branded battery powered lawnmowers, in which the jury awarded Chervon a small fraction of its originally claimed damages. Case is on appeal
  • Prolitec Inc. v. ScentAir Technologies, LLC, C.A. No. 20-984-WCB (January 2024): Stephanie partnered with an international law firm to try this case on behalf of ScentAir, which the jury found did not infringe Prolitec's patents in connection with its sale of the ScentBreeze™ commercial scenting device
  • GOLO, LLC v. Goli Nutrition Inc. et al., C.A. No. 20-667-CFC (August 2023): On behalf of firm client Goli Nutrition, Stephanie and DLA Piper's trademark litigation team secured a jury verdict of no likelihood of confusion with GOLO's trademark

Pro Bono

As the daughter of a Purple Heart medal recipient and family member to many others who have selflessly served and continue to serve, Stephanie has a strong connection to veterans' issues. In addition to assisting with the US Department of Veterans Affairs Legal Clinic for Veterans in Wilmington, Stephanie has taken up veterans' appeals at the United States Court of Appeals for Veterans Claims, and discharge upgrade applications through the National Veterans Legal Services Program (NVLSP). Most recently, she assisted a wartime Marine veteran with a discharge upgrade case currently pending before the Board for Correction of Naval Records.
Education
  • J.D., Rutgers University School of Law, 2003
    Associate Editor, Rutgers Law Journal
  • B.S., Biochemistry/Molecular Biology, The Richard Stockton College of New Jersey, 2000

Clerk Experience

In addition to her private practice experience, Stephanie formerly served as career patent law clerk for the Honorable Sue L. Robinson from 2006 to 2012. During her tenure, Stephanie collaborated on all of Judge Robinson's patent cases and worked on over 450 patent cases, including 20 bench trials and 16 jury trials across multiple technology areas. Among the dozens of patent case opinions prepared for the District Court, Stephanie assisted with the drafting of the precedential opinion for the Federal Circuit in Haberman v. Gerber Products Company, 236 Fed. Appx. 592 (Fed. Cir. 2007), where Judge Robinson sat by designation. Stephanie also assisted the Court in developing procedures, model forms, and instructions when Judge Robinson served as Chief Judge of the District Court, and when the District faced several judicial vacancies.

Stephanie also worked on several notable trademark cases during her tenure with the court, including the Pernod Ricard USA, LLC v. Bacardi, U.S.A., LLC litigation over "Havana Club" rum, which was affirmed by the Third Circuit, 653 F.3d 241 (2011), and remains an often-cited circuit standard on false advertising and geographic origin claims under the Lanham Act.

Memberships And Affiliations

  • Accepted into and completed the Federal Circuit Bar Association Global Fellows Program, completing the program in Washington, DC and Munich, Germany, (2013 – 2014)
  • Selected into and completed the prestigious District of Delaware Federal Trial Practice Seminar, a multi-week trial instructional program held by the District of Delaware judges, (2013)
  • Contributed to Patent Litigation Best Practices for Sedona Working Group 10
  • Active member of the Federal Bar Association, Delaware Chapter

My latest insights

Publication

What is a “clear and unmistakable” prosecution history disclaimer?

6 June 2025 .6 minute read

Publication
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Delaware Court of Chancery patent ownership dispute addresses jurisdiction for...

21 November 2024 .5 minute read

Publication

Clarifying the enforceability of post-patent expiration royalties under Brulotte

17 October 2024 .5 minute read

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Phone

+1 302 468 5645
(Work, Wilmington)