Jordan Raphael

USA - California

1055 West 7th Street
Suite 3300
Los Angeles, CA 90017

Tel: (213) 291-9800


Jordan Raphael is an experienced commercial litigator whose practice focuses on intellectual property matters, including trademark litigation and prosecution, patent litigation, copyright law, trade secrets, and IP licensing. He believes that not all disputes should be resolved in court and that oftentimes a quick, creative resolution best serves his clients’ needs.

Jordan and his partner, Tim Byron, left O’Melveny & Myers LLP in 2017 to found Byron Raphael LLP because they saw an opportunity to offer biglaw-level services at small firm rates.

Since it was founded, Byron Raphael has represented clients in a wide-variety of high-stakes intellectual property disputes, including trademark, copyright, design patent, and trade secret actions.

Byron Raphael has considerable experience assisting companies and individuals in the technology sector resolve intellectual property disputes, and it has a substantial track record of working with clients in the fashion, food, and entertainment industries.

Jordan and his firm are particularly proud of the $5.2 million jury verdict they secured for their client Deckers Outdoor Corporation, the company behind the UGG® brand of boots. In April 2018, a jury found a competitor had willfully infringed Deckers’ patented boot designs.

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 the firm, Jordan spent ten years as an attorney with O’Melveny & Myers LLP.

  • California State Bar
  • US District Court, Central, Northern, Eastern and Southern Districts of California
  • US Court of Appeals for the Ninth Circuit
  • 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.)
  • Cheever v. Huawei Device USA, Inc. (N.D. Cal.)
  • Universal Standard Inc. v. Target Corporation and Target Brands, Inc. (S.D.N.Y.)

BYRON | RAPHAEL LLP is a California-based boutique law firm founded by intellectual property attorneys Jordan Raphael and Tim Byron.  With offices in Northern and Southern California, the firm brings together years of experience in navigating high-profile intellectual property and business disputes.

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.)