As a registered patent attorney with a Ph.D. in Biochemistry and Molecular Genetics, Ryan brings a deep understanding of technology, a tireless attention to detail, and strong analytical thinking to his clients’ needs. Ryan’s education is grounded in the biotechnology and pharmaceutical arts but his practice spans all aspects of intellectual property law. The diversity of Ryan’s practice gives him the foundation and experience to provide clients with creative and thoughtful solutions to complex intellectual property issues. Ryan strongly believes that every client relationship begins with effective communication.

Ryan is an experienced litigation attorney who has successfully represented clients in complex intellectual property disputes from the initial investigation through trial in district courts across the country and on appeal before the U.S. Court of Appeals for the Federal Circuit. Ryan’s successful patent litigation experience covers the technology spectrum and includes medical devices, pharmaceutical compositions and laboratory testing techniques, computer software, window hardware, and container technology. He has also successfully represented clients in litigation over disputes arising from allegations of copyright infringement, trademark infringement, unfair business practices, trade secret misappropriation, and breach of contract.

Ryan’s litigation experience includes post grant proceedings at the U.S. Patent and Trademark Office. He has prepared several petitions for inter partes review and has guided clients from petition through a successful trial before the Patent Trial and Appeal Board.

Ryan’s practice also includes patent prosecution and portfolio management. He has developed patent portfolio strategies and successfully prosecuted patents from invention disclosures through patent issuance in a variety of technology areas, including chemical compositions, medical devices, and pharmaceutical formulations. Relying on his litigation and patent prosecution experience, Ryan has provided clients in a range of fields with patentability assessments, invalidity options, non-infringement opinions, and intellectual property portfolio assessments.

Prior to joining Merchant and Gould, Ryan studied the structure and function of minichromosome maintenance (MCM) proteins at the University of Colorado. He solved and published the x-ray crystallography structure for the n-terminal portion of an archaeal MCM protein, revealing a double hexamer formation. While at the University of Buffalo, Ryan studied the cellular distribution of iron in the brain of the Belgrade rat.

Outside the office, Ryan is in constant pursuit of outdoor adventure and Type II fun. He is an avid triathlete (2x 140.6, 6x 70.3), mountain biker (2x Breck Epic), and skier who had the pleasure of hiking the Annapurna Circuit with his wife. Ryan enjoys the process of preparing for and the journey of participating in an adventure more than the actual result. He is currently preparing for a week of backcountry skiing in Japan and trying to find time to ride the Great Divide Mountain Bike Route (Banff, AB to Antelope Wells, NM (2768.4 miles)).

Representative Cases

Representative Patent Litigation

Counsel for a leading genetic testing company (Plaintiff) in the District of Delaware: successful assertion of a patent relating to rtPCR resulting in defendant ceasing all sales and distribution of its accused products and services before an answer was filed.

Counsel for large window and door hardware manufacturer (Defendant) in the Western District of New York: successful defense against allegations arising from multiple patents related to window balances resulting in a favorable resolution following the preparation of invalidity contentions.

Counsel for an international brewery (Defendant) in the District of Connecticut: successful defense against allegations arising from a patent related to can tops resulting in a favorable resolution following the preparation of invalidity contentions.

Counsel for a worldwide container manufacturer (Defendant) in the District of Colorado: successful defense against allegations arising from a patent related to can tops resulting in plaintiff withdrawing its Complaint before discovery began after transferring the case from the Eastern District of Texas to the District of Colorado.

Counsel for leading international medical device manufacturer (Defendant and Appellee) in the Eastern District of Virginia and before the Federal Circuit Court of Appeals: successful defense against allegations arising from a patent related to stent-grafts resulting in a defense verdict of no infringement following a bench trial and a Rule 36 affirmance from the Federal Circuit Court of Appeals.

Counsel for worldwide construction equipment manufacturer (Appellant) before the Federal Circuit Court of Appeals: successful appeal of unfavorable district court holding concerning a patent related to mobile gravel screening equipment resulting in the invalidation of the asserted patent and the Federal Circuit consequently vacating the district court’s holdings.

Counsel for a leading manufacturer of agriculture, construction, and surface mining equipment (Defendant) in the Southern District of Iowa: successful defense against allegations arising from a patent related to directional drilling equipment resulting in favorable resolution following a favorable summary judgment holding and appeal.

Counsel for a worldwide food, pharma and environmental laboratory testing company (Defendant) in the District of Colorado: successful defense against allegations arising from a patent related to laboratory testing techniques resulting in a favorable resolution before discovery began.

Counsel for a large cosmeceutical company (Defendant) in the Central District of California: successful defense against allegations arising from patents related to prostaglandins resulting in summary judgment of no infringement following a favorable Markman ruling.

Counsel for a big box hardware company (Defendant) in the Western District of North Carolina: successful defense against allegations arising from a patent related to cargo straps resulting in a favorable resolution during claim construction briefing.

Counsel for a leading food brand (Defendant) in the Eastern District of Texas: successful defense against allegations arising from a patent related to software resulting in a favorable resolution early in discovery.

Representative Copyright Litigation

Counsel for a community property owner (Defendant) in the District of Colorado: successful defense against allegations of copyright infringement resulting in the dismissal of the complaint with prejudice before an answer was filed.

Representative Trademark/Trade Dress/Unfair Business Practice Litigation

Counsel for an HVAC control manufacturer (Defendant) in the District of Minnesota: successful defense against allegations of trade dress infringement and false advertising, resulting in the dismissal of trade dress and false advertising claims on summary judgment and the favorable resolution of remaining claims before trial.

Counsel for a national burger chain (Defendant) in the Western District of Washington: successful defense against a motion to enforce a settlement agreement, resulting in the client’s continued use of its preferred mark.

Counsel for a large recreational vehicle equipment manufacturer (Defendant) in the District of Colorado: successful defense of trade dress infringement claims, resulting in a favorable resolution during discovery.

Counsel for a leading global agribusiness (Plaintiff) in the District of Minnesota: successful assertion of trade secret claims, resulting in a favorable resolution following discovery.

Counsel for a gun manufacturer (Plaintiff) in Minnesota State Court: successful defense of trade secret misappropriation claims related to gun receivers, resulting in a favorable resolution during discovery.

Representative Commercial Litigation

Counsel for national retailer before the American Arbitration Association: successful defense of contract claims related to the implementation of ERP software.

Representative Post Grant Proceedings

Counsel for a coalition (Petitioner) before the U.S. Patent and Trademark Office: preparation of three Petitions for Inter Partes Review challenging every claim of Orange Book patents resulting in the cancellation of all claims in each challenged patent.

Counsel for a worldwide container manufacturer (Petitioner) before the U.S. Patent and Trademark Office: preparation of a Petition for Inter Partes Review challenging every claim of a patent related to can tops resulting in settlement of the Petition before institution.

Education

University of Denver Sturm College of Law
J.D., 2008

University of Colorado Health Sciences Center
Ph.D. Biochemistry and Molecular Genetics, 2005

State University of New York at Buffalo
B.S. Biochemistry, cum laude, 1999
Minor, Medicinal Chemistry

Admissions

State of Colorado
Colorado State Courts
State of Minnesota
Minnesota State Courts
U.S. Patent and Trademark Office
U.S. District Court for the District of Colorado
U.S. District Court for the District of Minnesota
U.S. District Court for the Eastern District of Texas
U.S. Court of Appeals for the Federal Circuit

Professional Affiliations

Colorado Bar Association
Denver Bar Association
Continental Divide Bar Association

Publications & Speaking

How Companies Decide Whether to Enforce IP Infringements, Law Week Colorado, June 10, 2019

Staying Current in Inter Partes Review – Developments, Hot Topics, and What's Next?, Merchant & Gould CLE, February 10, 2016, Boston, Massachusetts

Patents: Protect Yourself and Avoid the Slough, SnowSports Industries America (SIA) Snow Show, Jan. 29, 2016, Denver, Colorado

Current Developments in Inter Partes Review, Merchant & Gould CLE, October 8, 2015, Denver, Colorado

Quoted

Quoted in Granular Statute Language Could Have Implications for Patent Seekers, by Julia Cardi, Law Week Colorado, December 10, 2018

Quoted in Federal Circuit: Inter Partes Review Here to Stay, by Doug Chartier, Law Week Colorado, December 21, 2015

Selected Publications

Fletcher RJ, Shen JP, Holden LG and Chen XS. Identification of Amino Acids Important for the Biochemical Activity of Methanothermobacter thermautotrophicus MCM. Biochemistry. 2008 Aug 29; 47(38): 9981–86.

Fletcher RJ, Chen XS. Biochemical activities of the BOB1 mutant in Methanobacterium thermoautotrophicum MCM. Biochemistry. 2006 Jan 17; 45(2): 462-7.

Fletcher RJ, Shen JP, Gomez-Llorente Y, Marten CS, Carazo JM, Chen XS. Double hexamer disruption and biochemical activities of Methanobacterium thermoautotrophicum MCM. J Biol Chem. 2005 Dec 23; 280(51): 42405-10.

Gomez-Llorente Y, Fletcher RJ, Chen XS, Carazo JM, Sam Martin C, Polymorphism and double hexamer structure in the archaeal minichromosome maintenance (MCM) helicase from Methanobacterium thermoau-totrophicum. J Biol Chem. 2005 Dec 9; 280(49): 40909-15.

Sclafani RA, Fletcher RJ, Chen XS. (2004) Two heads are better than one: regulation of DNA replication by hexameric helicases. Genes and Development. 2004 Sep 1; 18(17): 2039-45.

Fletcher RJ, Bishop BE, Leon RP, Sclafani RA, Ogata CM, Chen XS. The structure and function of MCM from archaeal M. Thermoautotrophicum. Nature Structure Biology. 2003 Mar; 10(3): 160-67. Cover Story.

Burdo JR, Martin J. Menzies SL, Dolan KG, Romano MA, Fletcher RJ, Garrick MD, Garrick LM, Conner JR. Cellular distribution of iron in the brain of the Belgrade rat. Neuroscience. 1999. 93(3): 1189-96.