Duncan Byers practice focuses principally on litigation in a wide range of complex civil and intellectual property matters in both state and federal courts, as well as state and federal appellate courts.
- Served as lead counsel in more than 80 federal cases, including appeals, across multiple federal districts and circuit courts, the majority of which involved intellectual property disputes or cases with significant intellectual property components.
- Served as lead counsel in nearly 200 state court matters in the General District and Circuit Courts of Virginia and other state trial courts, spanning intellectual property licensing and contract disputes, state trademark matters, unfair competition, false advertising, construction liability, general liability, property damage, and real estate errors and omissions.
- Obtained the first reported decision at the TTAB enforcing the adoption of the Federal Rules of Civil Procedure.
- Handled more than 190 trademark applications and more than 122 patent applications, including Patent Cooperation Treaty applications, at the U.S. Patent and Trademark Office.
- Achieved favorable settlements in more than 95% of cases while also successfully trying cases to verdict.
Admissions
- Virginia
- U.S. District Court, Eastern and Western Districts of Virginia
- U.S. District Court, District of Nebraska
- U.S. Court of Appeals, Third, Fourth and Federal Circuits
- U.S. Patent and Trademark Office
- U.S. Court of Federal Claims
Education
- J.D., Washington and Lee University School of Law, 2002
- M.S., Chemistry, Old Dominion University, 1999
- B.S., Chemistry, Old Dominion University, 1997
- Minor in Applied Ethics
Honors
- Super Lawyers® distinction in Intellectual Property Litigation, Intellectual Property, and Business Litigation 2014-Present
- Super Lawyers® Rising Star, 2009-2011
- Best Lawyers in America distinction in Intellectual Property Litigation, 2021-2023
- Virginia Business Legal Elite, Intellectual Property, 2013-2025
- Recognized as a “Top Lawyer” in by Coastal Virginia Magazine, 2016-2025
- AV Rated Preeminent by Martindale-Hubbell, 2017-Present
Community Involvement
- Firefighter and Emergency Medical Technician, Aldie Volunteer Fire Department, Loudoun County, Virginia, Engine Company 7, 1983–2002
- Service Member and disabled veteran, U.S Navy and U.S. Navy Reserve, 1986–1995
- USS Sellers, DDG-11, Charleston, South Carolina
- USS Semmes, DDG-11, Charleston, South Carolina
- Helicopter Mine Countermeasures Squadron 18, Norfolk, Virginia