Overview

Ryan McCarthy is a trusted strategic IP advisor with over 25 years of experience helping global technology leaders navigate the intersection of law, business, and engineering. As the chief representative of Fish & Richardson’s Shenzhen office, Ryan provides a sophisticated bridge between the U.S. and Chinese legal systems, focusing on the development, protection, and commercialization of high-value, global IP portfolios. 

While Ryan’s practice is informed by years of litigation experience, his daily focus is transactional and strategic. He serves as a primary architect for patent prosecution and licensing programs, and is a sought-after counselor for complex diligence matters, including freedom-to-operate (FTO) studies and risk mitigation strategies. 

Ryan operates at the leading edge of high technology. His technical practice is deeply rooted in artificial intelligence (AI), with specialized expertise in generative AI (GenAI) and agentic systems, including autonomous workflows, transformer architectures, and adaptive AI ecosystems, as well as in cryptographic networks, where Ryan advises on the infrastructure of and applications using blockchain networks, decentralized finance (DeFi), and the technical underpinnings of cryptocurrencies, such as stablecoins. Ryan also has a depth of technical experience in mechanical, electro-mechanical, electrical systems, and controls.

Ryan is a recognized authority on patent eligibility under 35 U.S.C. § 101, helping clients navigate the complexities of patent eligibility under and the USPTO’s application of the ever-evolving Alice caselaw. He has a proven track record of securing robust patent protection for software and mathematical innovations that face particular scrutiny for patent eligibility at the USPTO. 

With a career spanning more than 15 years abroad — including significant tenures in Munich and Shenzhen — Ryan offers a truly international perspective on IP transactions. This includes patent prosecution and counseling, portfolio management, developing "litigation-ready" patent assets that withstand the highest levels of scrutiny; transactions and licensing, structuring and negotiating complex licensing agreements across multiple jurisdictions; and strategic diligence, conducting comprehensive FTO analyses and competitive landscape assessments for companies expanding into U.S. and international markets. 

Ryan is a frequent voice in the international IP community, regularly speaking at seminars and conferences throughout Asia on emerging trends in AI and cross-border patent strategy. He also contributes to the development of the next generation of practitioners, having recently taught in the Intellectual Property Clinic at the Peking University School of Transnational Law (STL) in Shenzhen.  

His diverse career includes experience as an applications engineer with GKN Automotive, Inc. in the U.S., Germany, and the U.K., providing him with a first-hand understanding of the technical challenges faced by clients.

Experience

IP cases

Certain Access Control Systems and Components Thereof (International Trade Commission) – Represented complainant in patent litigation involving moveable barrier systems. Secured final determination of violation.

The Chamberlain Group, Inc. v. Techtronic Industries Co. Ltd. (N.D. Ill.) – Represented plaintiff in patent litigation involving moveable barrier systems. Case was dismissed. 

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

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