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Duncan G. Byers

Partner

Duncan G. Byers
Phone:
(757) 223-4474
Fax
(757) 223-4518
Practice Areas:
  • Intellectual Property
  • Patent
  • Trademark
  • Trade Secret
  • Copyright
  • Complex Civil Litigation

EDUCATION

Juris Doctor, Washington and Lee University School of Law, 2002

Master’s of Science in Chemistry, Old Dominion University, 1999

Bachelor of Science in Chemistry, Old Dominion University, 1997

 

ADMISSIONS

United States Patent and Trademark Office, 2001 Supreme Court of Virginia, 2002

United States District Courts, Eastern and Western District of Virginia, 2002

Fourth Circuit Court of Appeals, 2002 Federal Circuit Court of Appeals, 2012 Has practiced pro hac vice in:

United States District Court, Southern District of Ohio

United States District Court, Southern District of New York

United States District Court, District of Columbia c United States District Court, Central District of California

State courts of the State of New Jersey

State courts of the State of Delaware

 

OVERVIEW

Duncan Byers is a firm partner focusing his practice in all aspects of intellectual property (patent, trademark, trade secret, copyright) and complex civil litigation.

Duncan consults and litigates intellectual property and other complex matters for businesses and individuals in state and federal Courts and in the United States Patent and Trademark Office. He also handles state and federal appeals.

Duncan works to assess, procure and protect the inventive and creative property of his clients and has drafted 

and prosecuted patent applications in electrical, mechanical and chemical areas, provided patent and trademark opinions and prosecution, assessed patent interference issues, cleared and prosecuted trademarks and service marks for clients, and successfully represented clients in infringement matters.

Prior to entering law practice, he spent nine years in the United States Navy, including active duty on two guided missile destroyers based out of Charleston, South Carolina, and reserve duty with a helicopter squadron based out of Norfolk Naval Air Station. He spent several years working as a commercial and industrial electrician, and has 19 years of experience as a volunteer firefighter and emergency medical technician.

 

REPRESENTATIVE CASES & TRANSACTIONS

Won a unanimous Fourth Circuit Court of Appeals decision reversing the trial court’s dismissal of a music copyright infringement case. Copeland et al. v. Bieber et al., 789 F.3d 484 (4th Cir. 2015)

Successfully defended against fee-shifting claim for attorneys’ fees and costs in copyright infringement case.

Tessler v. NBC Universal, Inc., 2010 U.S. Dist. LEXIS 103220 (E.D. Va., Sept. 29, 2010)

Successfully defended an appeal to the Virginia Court of Appeals enforcing the terms of a separation agreement.

Barr v. Barr, 2009 Va. App. LEXIS 542 (Va. Ct. App., Dec. 8, 2009)

Successfully enforced and defended the intellectual property rights of significant numbers of business entities, including the recovery of damages for use of trademarks, copyrights and trade dress by marketplace competitors. Many cases resulted in settlements including payments for damages incurred as a result of the infringing activity.

 

MEMBERSHIPS

American Intellectual Property Law Association

International Trademark Association

Virginia Bar Association

Virginia Trial Lawyers Association

Norfolk and Portsmouth Bar Association

United States Patent and Trademark Office Society

I'Anson-Hoffman American Inn of Court

 

HONORS & AWARDS

Coastal Virginia's Top Lawyers, 2016-2019

Virginia Super Lawyers, 2014, 2015, 2017, 2018, 2019

Virginia Super Lawyers Rising Star, 2009–2011

 Virginia’s Legal Elite - Intellectual Property, 2013, 2014, 2016 - present

 

 

COMMUNITY INVOLVEMENT

Volunteer Firefighter and Emergency Medical Technician

 

 

 

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Office Location

12350 Jefferson Avenue
Suite 300
Newport News, VA 23602

Local: (757) 223-4500
Toll-Free: (800) 459-1881