Ryan B.McCrum

Partner

Cleveland + 1.216.586.7291

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Ryan McCrum, who co-chairs the Firm's ITC practice, has 25 years of experience handling high-stakes patent litigation. He is a first chair patent litigator who is described as "a fierce competitor," "a terrific lawyer," and "one of the best patent litigators we have had."

Ryan's winning track record at the ITC (International Trade Commission), where he has litigated dozens of cases, is particularly impressive. He recently led separate teams to victory in an offensive ITC case for R.J. Reynolds (exclusion order affirmed by the Federal Circuit) and a defensive case for Tineco (all current products were cleared by the Commission). Ryan's other recent ITC trial experience includes acting as lead counsel for two consumer electronics companies against LGE. All claims of the four patents (but two dependent claims that were designed around) were found invalid and/or not infringed. He also represented Callaway in an ITC action brought by Hitachi. On the eve of trial, after the Staff sided with Callaway, Hitachi withdrew all claims.

Ryan also has impressive district court litigation experience. He helped lead the trial team that achieved the largest patent infringement verdict in U.S. history ($2.54 billion) against Gilead on behalf of Merck & Co. At trial, Ryan cross-examined one of Gilead's two technical experts, put on one of Idenix's two technical experts, cross-examined one of Gilead's executives, and examined the alleged inventor of the only asserted prior art.

Ryan is an adjunct professor at the Cleveland State University College of Law where he teaches a course on ITC patent litigation.

Experience

  • R.J. Reynolds asserts patent infringement claims at ITC against dozens of respondents over disposable vaporizersJones Day represents R.J. Reynolds entities as complainants in a Section 337 patent infringement investigation before the International Trade Commission (ITC) against dozens of respondents, alleging infringement of a patent directed to a disposable vaping device.
  • Hikvision USA secures final judgment and dismissal with prejudice of patent infringement complaint in N.D. TexasJones Day secured a final judgment and dismissal with prejudice for our client Hikvision USA, Inc. in a patent infringement case filed in the Northern District of Texas.
  • Tineco prevails in ITC patent infringement dispute with Bissell over wet-dry surface cleaning devicesJones Day successfully represented Tineco Intelligent Technology Co., Ltd. as respondent in an ITC Section 337 investigation filed by complainants Bissell Inc. and Bissell Homecare Inc. ("Bissell") relating to wet-dry surface cleaning devices.
  • SHEnB resolves patent infringement claims brought at the ITC involving skin treatment devicesJones Day was lead counsel defending Sung Hwan E&B Co., Ltd. ("SHEnB"), a Korean manufacturer of medical devices for the health & beauty industry, and two of its distributors against patent infringement claims brought by Serendia, LLC before the International Trade Commission.
  • R.J. Reynolds successfully enforces patents in ITC trial against Philip Morris in dispute over cigarette alternativeJones Day's client Reynolds achieved a precedent-setting victory before the International Trade Commission (ITC) against its main competitors Philip Morris Products S.A. ("Philip Morris") and Altria Client Services LLC ("Altria") in a patent infringement dispute involving tobacco heating and vaping products.
  • Hanwha secures voluntary dismissal of patent litigation involving image processing technologyJones Day successfully represented defendant Hanwha Techwin America, Inc. ("Hanwha"), a manufacturer of security cameras, in a patent litigation matter in the District of New Jersey.
  • Kodak Alaris resolves patent infringement claims involving image processing technologyJones Day represented defendant Kodak Alaris Inc. ("Kodak Alaris"), a technology company that manufactures document scanners, in a patent litigation matter in the Western District of New York.
  • Wybotics secures voluntary dismissal from ITC investigation involving robotic pool cleanersJones Day successfully represented respondent Wybotics Co., Ltd., a manufacturer of robotic pool cleaners, in a Section 337 patent infringement Investigation before the International Trade Commission (ITC).
  • NXP settles global patent dispute with MediaTek over semiconductor technologyJones Day represented NXP Semiconductors N.V. et al. as complainant/plaintiff in a patent infringement dispute against competitor MediaTek Inc. et al. before the International Trade Commission (ITC) and the United States District Court for the Central District of California. 
  • Cohesity disposes of six-patent litigation brought by adverse competitor CommvaultJones Day successfully represented Cohesity Inc. ("Cohesity") and obtained dismissal in a six-patent, competitor suit filed by Commvault Systems in April 21, 2020.
  • Merck resolves trade secret dispute involving vaccineJones Day represented Merck Sharp & Dohme Corp. as plaintiff in a trade secret lawsuit filed in the Eastern District of Pennsylvania against Pfizer Inc. and a former Merck employee.
  • Merck unit resolves DJ action involving pneumococcal vaccine patentsJones Day represented Merck Sharp & Dohme Corp. in an action in Delaware district court against Pfizer (through its subsidiaries including Wyeth, LLC) involving several patents on Wyeth’s vaccine technology.
  • Hikvision successfully dismisses patent suit involving security systemsJones Day successfully represented Hikvision USA Inc. in dismissing claims of patent infringement in a case brought by Richman Technology Corp. in the Central District of California.
  • Hikvision successfully dismisses patent suit involving body camera technologyJones Day obtained a complete dismissal for defendant Hikvision USA Inc. of a patent infringement lawsuit brought by Stormborn Technologies LLC in the Central District of California.
  • Xiaomi obtains complete dismissal in patent infringement action based on jurisdictional groundsJones Day successfully represented Xiaomi Inc. in a patent infringement case where the plaintiff asserted that Xiaomi infringed four patents relating to devices for controlling smartphone functions.
  • Hikvision resolves patent infringement action relating to surveillance camera devicesJones Day successfully represented Hangzhou Hikvision Digital Technology Co., Ltd. in a patent infringement action relating to remote control surveillance camera devices.
  • Cooper Lighting successfully asserts patents relating to LED downlights against competitorsJones Day represented Eaton Corporation's subsidiary Cooper Lighting, LLC, in successfully asserting four Cooper Lighting patents on LED downlights against competitors Cordelia Lighting, Inc. and Jimway, Inc.
  • Idenix wins $2.54 billion jury verdict in Gilead patent dispute involving hepatitis C drugsAfter a nine day trial and less than two hours of jury deliberation, Jones Day, on behalf of Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co.), won the largest patent infringement verdict in U.S. history to date, involving a multi-billion dollar patent dispute with Gilead Sciences Inc. over sofosbuvir, the active ingredient in Gilead’s hepatitis C drugs Sovaldi® and Harvoni®.
  • Eaton successfully defends indoor lighting patents against IPR petitionsJones Day represented Eaton Corporation's subsidiary Cooper Lighting, LLC, in successfully defending two inter partes review petitions filed by Cordelia Lighting, Inc., against U.S. Patent Nos. 8,348,479 and 8,789,978, which relate to indoor lighting.
  • Avid settles revived data storage patent infringement suit against Harmonic shortly before trialAfter a Jones Day team obtained a reversal of an adverse jury verdict from the United States Court of Appeals for the Federal Circuit on behalf of Avid Technology, Inc. ("Avid"), the case settled shortly before trial.
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    November 2021 Alert

    President Biden Selects District of Delaware Chief Judge Stark For Federal Circuit

    July 2020 Blog

    ITC Recommends GEO Against Inexpensive Slider Devices Sold Through E-Commerce Websites, ITC Blog

    February 2020 Blog

    ITC Denies Request for Early Disposition That Requires Third Party Discovery, ITC Blog

    December 2019 Blog

    Indefinite Patent at the ITC May Survive in District Court, ITC Blog

    October 2019 Blog

    Returns Count as Sales under Section 337, ITC Section 337

    August 2019 Blog

    The ITC Swears In Two New Commissioners, ITC Blog

    July 2019 Blog

    ITC Excludes Expert Testimony for Violation of Ground Rules, ITC Blog

    June 2019 Blog

    ITC Refuses to Include in Exhibits An Email Not Timely Produced During Discovery, ITC Blog

    May 2019 Blog

    Commission Reverses Initial Determination’s Finding of No Direct Infringement, ITC Blog

    April 2019 Blog

    ITC Clarifies Claim Construction in View of Motion for Summary Determination, ITC Blog
    View All

    Additional Speaking Engagements

    • November 19, 2009
      Litigation Cases Before the ITC: A Primer On Section 337 Investigations
    • October 14, 2009
      Executive Roundtable Series: Section 337: Protecting Your Domestic Industry From Infringing Imports
    • January 27-30, 2009
      AIPLA Mid-Winter Institute

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