Overview

Ryan McCarthy advises clients on the cutting edge. As technologies evolve, he is leading the way in prosecuting patents and serving on litigation teams to enforce his clients' vital patent rights.

Ryan provides comprehensive patent counsel in the context of patent prosecution, litigation, post-grant proceedings, opinions, intellectual property due diligence, IP strategy, portfolio management, licensing deals, and other transactions. Much of Ryan's work focuses on new and evolving technologies such as blockchain, artificial intelligence, augmented reality, augmented virtuality, and machine learning, including deep learning and reinforcement learning. He has years of experience in various technical arts, including software, computer science, mechanical, electro-mechanical, electrical systems, and controls.

Ryan has developed a particular focus on patent eligibility in the wake of the Supreme Court’s 2014 holding in Alice Corp. v. CLS Bank. As courts and innovators struggle with interpreting Alice requirements, Ryan offers his clients greater clarity. He has a nearly encyclopedic knowledge of the case law and devises both prosecution and litigation strategies for navigating evolving patent eligibility case law. A leader in the field, he is helping to influence the law's trajectory for his clients' benefit.

Currently based in China, Ryan is Fish & Richardson's chief representative in the firm's Shenzhen, China office. Previously, he lived and worked in Munich, Germany, where he prosecuted patents and participated in post-grant proceedings before the German and European patent offices. He has a well-developed international perspective on IP issues and the challenges his clients face across the globe.

Ryan is actively studying Mandarin and has achieved HSK Level 2 proficiency. He is fluent in English and German, and his professional technical experience includes working as an applications engineer at GKN Automotive Inc. and as a graduate engineer in the GKN plc Group graduate development scheme in Germany and the United Kingdom.

Experience

IP cases

Certain Access Control Systems and Components Thereof (International Trade Commission) – Representing Complainant in patent litigation involving moveable barrier systems.

The Chamberlain Group, Inc. v. Techtronic Industries Co. Ltd. (E.D. Ill.) – Representing plaintiff in patent litigation involving moveable barrier systems.

Industrial Print Technologies, LLC v. Hewlett-Packard Co. (N.D. Tex.) – Representing defendant in patent litigation involving printing technology.

Data Detection Systems, LLC v. BMC Software, Inc. (S.D. Tex.) – Represented defendant in patent litigation involving network monitoring and management software. Settled favorably.

Diagnostic Systems Corp. v. Symantec Corp. et al. (C.D. Cal.) – Represented defendant in patent litigation involving expert system software. Settled favorably.

Professional associations

  • Michigan Intellectual Property Lawyers Association
  • American Intellectual Property Lawyers Association
  • Federal Circuit Bar Association

    • Pro bono activities

    State of Arizona v. Brian Womble (CR) – Represent death row inmate in state-level post-conviction relief proceedings.

    McCallum v. Peake, M.D. (U.S. Court of Appeals for Veterans Claims) – pro bono representation of Mr. McCallum in his appeal to the CAVC. Appeal decided in appellant's favor.

    Ryan represents Fish as a member of the Steering Committee for the Texas AIA – USPTO Pro Bono Patent Assistance Program, and drafts patent applications in support of the program.

    Periodic casework for Central Texas Volunteer Legal Services.

    Training

    Coursework in Department of Electrical and Computer Engineering, University of Texas at Austin