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Stephanie O'Byrne

Stephanie O'Byrne

Of Counsel
Wilmington
About

Stephanie has experience litigating intellectual property disputes in the District of Delaware, where she served as a former District of Delaware permanent patent law clerk and has spent over 15 years in private practice litigating patent and trademark cases. Stephanie has appeared in over 300 patent cases during her career, and has a robust lead counsel practice, frequently presenting oral arguments at hearings and conducting examinations at trial.

Unusual in the Delaware jurisdiction, Stephanie has experience with trademark infringement, Lanham Act, and coexistence agreement litigation – including through a successful jury verdict. She has most frequently litigated patent cases involving pharmaceuticals, medical devices, biotechnology, and consumer products, and has experience across a wide array of technologies. In addition to District Court practice, Stephanie has practiced in the Delaware Superior Court, and has successfully briefed appeals to the Third Circuit.

Stephanie brings a pragmatic and solution-oriented approach to clients at all stages of litigation and alternative dispute resolution. She frequently fuses her knowledge of the Delaware Judges and Court procedure with practical, business-oriented advice for navigating disputes within the jurisdiction. A skilled matter manager, Stephanie works to identify and employ the best strategy for the case at hand – and to adjust it as the business landscape dictates.

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 CASES OF NOTE

Most recently, Stephanie and her teams achieved two jury verdicts for DLA Piper clients in the District of Delaware.

  • 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.
Education
  • J.D., Rutgers University School of Law 2003
    Rutgers Law Journal, Associate Editor
  • B.S., Biochemistry/Molecular Biology, The Richard Stockton College of New Jersey 2000

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.

Clerk Experience

In addition to her private practice experience, Stephanie formerly served as Hon. Sue L. Robinson's career patent law clerk from 2006-2012. During her tenure, Stephanie collaborated on all of Judge Robinson's patent cases, working 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 between 2013-2014.
  • Selected into and completed the prestigious District of Delaware Federal Trial Practice Seminar, a multi-week trial instructional program held by the D.Del. judges, in 2013.
  • Contributed to Patent Litigation Best Practices for Sedona Working Group 10.
  • Active member of the Federal Bar Association, Delaware Chapter.

My latest insights

News

DLA Piper represents ScentAir in patent litigation victory over Prolitec

12 February 2024 .1 minute read

Publication

CareDx v. Natera: Another blow to eligibility for diagnostic method patents

19 December 2023 .6 minute read

News

Stephanie O'Byrne and Jeff Castellano join DLA Piper's Patent Litigation Practice in...

16 March 2022 .5 minute read

Connect

Phone

+1 302 468 5645
(Work, Wilmington)
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