Ryan N. Phelan, J.D., MBA, Partner

An early adopter of AI tools in patent practice, Ryan integrates AI legal tools into patent drafting and prosecution workflows, with attorney review central to their use. He uses these tools to help move inventions from disclosure to drafts ready for inventor review more efficiently, with the goal of delivering high-quality work at a lower cost. For in-house counsel managing demanding workloads and startups building their patent portfolios, this approach is designed to help IP budgets go further.

Ryan uses product and portfolio information across related applications to promote consistent terminology and more comprehensive descriptions of inventions. AI-assisted drafting can help develop specifications with support for broader coverage, fallback positions during prosecution, and future continuation applications. His approach also includes developing descriptions of technical improvements relevant to software patent eligibility and preparing thorough Office Action responses. Attorney review remains central to evaluating the output and tailoring the work to each client’s technology and business objectives.

AI legal tools can also support closer collaboration with clients during drafting and review. Ryan’s approach places protection of confidential inventions, business information, and legal work product at the center of tool selection and use. He prioritizes safeguards such as encryption, matter-level data segregation, controlled access, and protections against using client information to train AI models. The use of these tools should align with each client’s confidentiality requirements and applicable data-handling policies, including limits on what information is shared and who can access it. Attorney oversight remains essential: AI-generated material requires review for accuracy, unsupported statements, and consistency with the client’s invention and legal strategy before it is incorporated into work product.

Patent Preparation, Prosecution, and related Technical Expertise

Ryan prepares, prosecutes, and manages patent portfolios for startups and Fortune 500 companies. His technical background helps him work effectively with inventors and understand the features that differentiate their products. His litigation experience informs claim drafting and prosecution, with attention to how patents may later be asserted, challenged, or interpreted.

Ryan has personally prepared and prosecuted hundreds of patent applications, with experience across the United States and foreign jurisdictions, including Europe, China, and Japan.

His patent experience includes:

• Artificial intelligence (AI), including agentic AI, large language models (LLMs), and machine learning
• Medical devices and software-related medical device technologies such as Software as a Medical Device (SaMD) and Software in a Medical Device (SiMD)
• Robotics, including self-driving vehicles, robotic tools and arms, and electronically controlled prosthetics
• Biotechnology, including data and image processing, analysis, and learning
• Computer engineering, architecture, and networking
• Cloud-based computing and client-server architectures
• Internet of Things (IoT) devices and applications
• Internet and e-commerce systems
• Blockchain and cryptocurrency
• Big data systems and applications
• Data management and storage
• Imaging applications, including 3D, point cloud, and sensor-based systems
• Virtual Reality (VR), Augmented Reality (AR), and Mixed Reality (MR) technologies
• Computer graphics and gaming
• Security, cryptography and encryption
• Secure Sockets Layer (SSL) and Transport Layer Security (TLS) internet communication technology
• Digital rights management technology
• Databases and information systems
• Wireless, mobile, and related telecommunications systems
• Next-generation mobile devices
• Radio frequency communication circuits and systems
• Digital signal processing
• Interactive user program guide interfaces
• Financial services and insurance innovations
• Mechanical devices

Intellectual Property Litigation

Ryan represents clients enforcing IP rights and defending against infringement claims in U.S. district courts, including the Northern District of California, Eastern District of Texas, and Northern District of Illinois. His experience also includes proceedings before the U.S. Patent Trial and Appeal Board (PTAB) and the U.S. International Trade Commission (ITC).

His litigation experience spans pleadings, discovery, summary judgment, and trial. Representative matters include favorable jury verdicts, an ITC General Exclusion Order, and a favorable determination through Amazon’s patent evaluation process, as described below.

Representative litigation matters include:

• Counsel for an ergonomic products manufacturer in a patent dispute involving height-adjustable desktop workspaces through Amazon’s Neutral Patent Evaluation Process; obtained a favorable determination in Q1 2022.
• In re the Matter of Certain Height-Adjustable Desk Platforms and Components Thereof (USITC 337-TA-1125) – Counsel for Lorell and Huizhou Chang He Home Supplies Co., Ltd. in a patent infringement case involving height adjustable desks. Reached settlement agreement following claim construction. (Settlement reached: Q1 2019).
• In re the Matter of Certain Collapsible Sockets for Mobile Electronic Devices and Components Thereof (USITC 337-TA-1056) – Counsel for PopSockets in a patent infringement case involving consumer products for mobile devices. The International Trade Commission found in favor of PopSockets and issued a General Exclusion Order (GEO) preventing infringing products from being imported into the United States. (GEO issued: 6/14/2018).
• ContentGuard Holdings, Inc. v. Apple, Inc. (E. D. Tex.) – Counsel for Apple in a patent infringement case involving digital rights management technology and Apple iTunes. Jury found on behalf of Apple with a verdict of non-infringement (Jury Verdict: 09/23/2015).
• Petitions for Inter Partes Review (IPR2015-01956 and IPR2015-01957) – Counsel for Old Republic General Insurance Group for IPR petitions filed to invalidate patents regarding Internet and e-commerce technologies that were asserted in district court litigation. The Patent Trial and Appeal Board (PTAB) instituted the petitions on all grounds asserted.
• Intellectual Ventures II LLC v. BITCO General Insurance Corporation f/k/a Bituminous Casualty Corporation et al. (E.D. Tex.) – Counsel for BITCO General Insurance Corp. and Great West Casualty Company in a patent infringement case involving Internet, e-commerce, and encryption technologies.
• Protegrity Corp v. Trustwave Holdings, Inc. (D. Conn.) – Counsel for Trustwave in a patent infringement case involving database security and encryption.
• Wargaming.Net LLP v. Changyou.com Limited et al (N.D. Ill.) – Counsel for Changyou in a copyright infringement case involving Wargaming’s World of Tanks® video game; claims against Changyou settled in 2014.
• Stambler v. Northern Trust Corporation et al (E.D. Tex.) – Counsel for Northern Trust in a patent infringement case involving Secure Sockets Layer (SSL) and Transport Layer Security (TLS) Internet communication technology; claims against Northern Trust dismissed in 2013.
• TQP Development, LLC v. Northern Trust Corporation (E.D. Tex.) – Counsel for Northern Trust in a patent infringement case involving the RC4 internet encryption algorithm; claims against Northern Trust dismissed in 2013.
• In the Matter of Certain Products Containing Interactive Program Guide and Parental Controls Technology (USITC 337-TA-820) – Counsel for Rovi Corporation in a patent infringement case involving Internet technology and interactive program guides brought against Vizio Inc.; claims against Vizio settled in 2013.
• In the Matter of Certain Products Containing Interactive Program Guide and Parental Controls Technology (USITC 337-TA-845) – Counsel for Rovi Corporation in a patent infringement case involving Internet technology and interactive program guides brought against various respondents, including LG Electronics and Mitsubishi; claims against Mitsubishi and LG Electronics settled in 2013.
• Guardian Media Technologies, Ltd. v. Acer America Corporation et al (E.D. Tex.) – Counsel for defendant Office Depot in a patent infringement case involving consumer electronic equipment; claims against Office Depot dismissed in 2013.
• Extreme Networks, Inc. v. Enterasys Networks, Inc. (W.D. Wis.) – Trial counsel for Extreme Networks, defending Extreme Networks in a patent infringement jury trial involving computer networking equipment. Jury found on behalf of Extreme Networks with a verdict of non-infringement (Jury Verdict: 11/04/2011).

Ryan received his J.D., cum laude, from Northwestern University School of Law, concurrent with an MBA from Northwestern University, Kellogg School of Management. While in law school, he served as an Executive Editor of the Northwestern Journal of Technology and Intellectual Property.

Before law school, Ryan worked as a capital markets technology consultant at Accenture, gaining experience in software engineering and computer architecture. His technical experience includes AI platforms and models such as ChatGPT, Claude, Grok, and Gemini; programming languages such as Python, R, Java, Microsoft C#/.NET, C++/C, Perl, XML, JSON, SOAP, XSL, HTML, CSS, JavaScript, Web 2.0/Web 3.0 (blockchain based web tech), and machine learning technologies, including TensorFlow and PyTorch. He is also a Certified Java Programmer.

Ryan received his B.S., magna cum laude, in computer science from the University of Louisiana-Lafayette. While at University of Louisiana-Lafayette, Ryan served as president of his school’s Association of Computing Machinery (ACM) chapter.

• Northwestern University School of Law (J.D., cum laude)
• Northwestern University Kellogg School of Management (MBA)
• University of Louisiana Lafayette (B.S., magna cum laude)
  • Computer Science

• Illinois
• U.S. Patent and Trademark Office
• U.S. District Court, Northern District of Illinois
• U.S. District Court, Eastern District of Texas
• U.S. District Court, Western District of Wisconsin
• U.S. Supreme Court

See Ryan's additional Publications and Presentations.

• Member, Intellectual Property Owners (IPO)
  • Software Medical Devices Subcommittee Chair
  • AI & Other Emerging Technologies Committee Member
  • Software Related Inventions Committee Member
• Member, American Intellectual Property Law Association (AIPLA)
• Member, Intellectual Property Law Association of Chicago (IPLAC)
• Lawyers for the Creative Arts–Pro Bono Representation
• Secretary, China National Intellectual Property Administration (CNIPA)/U.S. Liaison Council