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Background

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Ryan’s practice emphasizes patent prosecution, litigation support, opinion work, IP due diligence, IP strategy, portfolio management, agreements and licensing. Ryan is active in post-grant proceedings before the USPTO, and has several 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. In addition to architecting Fish’s Alice Tracker website, Ryan has developed both prosecution, and litigation strategies for navigating the evolving patent-eligibility case law from the Federal Circuit, and district courts.

Ryan regularly advises entrepreneurs and emerging companies. This work includes developing short- and long-term IP strategies in view of business goals and resources, addressing early-stage issues for avoiding long-term pitfalls, and considerations for co-founder agreements, funding, and the like.

Ryan lived and worked in Munich, Germany, prosecuting patents before the German and European patent offices. He is fluent in 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.

Education

University of Texas - Austin
Coursework in Department of Electrical and Computer Engineering


J.D., Wayne State University Law School 2002
cum laude


B.S., Oakland University 1996
Mechanical Engineering

Admissions

  • U.S. Patent and Trademark Office 2002
  • Michigan 2003
  • Texas 2009
  • U.S. Court of Appeals for Veterans Claims
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Southern District of Texas

Languages

  • English
  • German

Memberships & Affiliations

​Member of Michigan Intellectual Property Lawyers Association, American Intellectual Property Lawyers Association, and Federal Circuit Bar Association.

Other Distinctions

Media Coverage
Building Business at SXSW: Festival-Going Lawyers Mix and Mingle With People In Tech and Entertainment Biz

Speaking Engagements
SXSW Interactive 2014 – Intellectual Property IQ: A Workshop For Artists, Developers, And Entrepreneurs

SXSW Interactive 2014 – Mentor

SXSW Eco 2013 – Mentor

Pro Bono
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 & Richardson 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.

Experience

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What's trending with Ryan

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Event
April 5th, 2018 | 8:45 am CDT
The State Bar of Texas: International Law 30th Annual Institute
The State Bar of Texas: International Law 30th Annual Institute
Speaking Engagement
Event
March 12th, 2017
Ryan McCarthy to Emcee at SXSW 2017: Internet of Things + Wearables & Finance Exhibitor Showcase
Ryan McCarthy to Emcee at SXSW 2017: Internet of Things + Wearables & Finance Exhibitor Showcase
Speaking Engagement
Fish Patent Blog
February 10, 2017
Q&A Follow Up – Alice at 2 ½: Evolving Case Law and Perspectives on USPTO Guidelines
Q&A Follow Up – Alice at 2 ½: Evolving Case Law and Perspectives on USPTO Guidelines
Author: Ryan P. McCarthy
Event
January 25th, 2017 | 1:00 pm EST
Webinar | Alice at 2 ½: Evolving Case Law and Perspectives on USPTO Guidelines
Webinar | Alice at 2 ½: Evolving Case Law and Perspectives on USPTO Guidelines
Webinar
Event
November 14th, 2016 | 7:15 am CST
The Center for American and International Law: 54th Annual Conference on Intellectual Property Law
The Center for American and International Law: 54th Annual Conference on Intellectual Property Law
Speaking Engagement
News
September 21, 2016
Fish's Ryan McCarthy Quoted in Law360 Article "How Recent Case Law Can Be Used To Fight Alice Challenges"
Media Mention
Event
April 28th, 2016 | 2:00 pm EDT
2016 Broad Institute Innovation & Intellectual Property Symposium
2016 Broad Institute Innovation & Intellectual Property Symposium
Speaking Engagement
Event
September 30th, 2015 | 1:00 pm EDT
A Potpourri of Alice – Decisions Across Jurisdictions as Guides to Eligibility
Speaking Engagement
Webinar
Event
May 22nd, 2015 | 8:30 am CDT
UT Law 28th Annual Technology Law Conference
Speaking Engagement
Event
May 21st, 2015 | 8:00 am CDT
UT Law 28th Annual Technology Law Conference
Speaking Engagement
Event
October 6th, 2014
SXSW Eco
Event
October 9th, 2013
SXSW Eco Startup Central
Speaking Engagement
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