Randy McCarthy is a registered U.S. patent attorney who practices in all areas of intellectual property law prosecution, litigation and counseling. His expertise includes development and management of client IP assets, licensing, IP strategy formulation and portfolio valuation. Mr. McCarthy focuses on patent prosecution in a number of high tech areas with special emphasis on data storage systems (magnetic, optical, and solid state), computer hardware, software and networks, control systems, communication channels, and a variety of complex mechanical arts. Mr. McCarthy has an extensive administrative appeal practice, and currently coordinates several hundred domestic and foreign patent and trademark matters.
In addition, Randy is ranked in Band 1 in Intellectual Property law by Chambers USA and has been recognized as the 2021 Best Lawyers Oklahoma City Copyrights and Trademark Law "Lawyer of the Year," 2020 Best Lawyers Oklahoma City Trade Secrets Law "Lawyer of the Year"; 2018 Best Lawyers Oklahoma City Litigation-Patent Law "Lawyer of the Year"; 2014 Best Lawyers Oklahoma City Patent Law "Lawyer of the Year"; 2013 Best Lawyer Oklahoma City Copyright Law "Lawyer of the Year"; 2021 Best Lawyers Oklahoma City Patent Law "Lawyer of the Year"; and 2023 Best Lawyers Oklahoma City Patent Law "Lawyer of the Year." Randy has also been named a Best Lawyer in America in Copyright Law, Litigation-Intellectual Property, Patent Law and Trademark Law. Further, he has been recognized as an Oklahoma Super Lawyer in Intellectual Property.
Education
- Oklahoma City University School of Law (J.D., summa cum laude, 1995)
- University of Oklahoma (B.S.E.E., 1987)
Admissions
- Oklahoma Bar, 1995
- U.S. District Court for the Western District of Oklahoma
- U.S. Court of Appeals for the Federal Circuit
- Registered Patent Attorney licensed to practice before U.S. Patent and Trademark Office (USPTO)
- American Bar Association
- Oklahoma Bar Association (President 1999-2000 Intellectual Property Law Section)
- American Intellectual Property Law Association
- Phi Delta Phi
- 2018 Best Lawyers Lawyer of the Year - Litigation-Patent Law - Oklahoma City
- 2014 Best Lawyers Lawyer of the Year - Patent Law - Oklahoma City
- 2013 Best Lawyers Lawyer of the Year - Copyright Law - Oklahoma City
- 2012 Best Lawyers Lawyer of the Year - Patent Law - Oklahoma City
- In re Morris, 127 F.3d 1048, 44 USPQ2d 1023 (Fed. Cir. 1997) (USPTO applies the “broadest reasonable interpretation” to claim language consistent with definitions provided in the written description); cited by USPTO MPEP 2111.
- Copyright Termination: The Coming Storm; The Journal Record, December 2011
- Copyright Termination (Or Why the Mayans Were Off by 11 Days) – Oklahoma Bar Association Continuing Legal Education, June 2011
- Patent Prosecution Strategies – Overcoming Restriction Requirements – Oklahoma Bar Association Continuing Legal Education, June 2008
- Trademark Law and the Internet; Is it a Tangled Web We Weave, or are We Overhyping Hyperspace? - Oklahoma Bar Association Continuing Legal Education Computer Law Series, March 2001
- Trade Secret Law: Can Oklahoma Employers Use the Doctrine of Inevitable Disclosure to Temporarily Enjoin Competition from Former Employers? 70 Okl. B.J. 1724 (1999)
- Co-Author, Intellectual Property Litigation: Are Oklahoma Courts Missing the Mark(man)? 69 Okl. B.J. 792 (1998)
- Oklahoma Patent Attorney Randy McCarthy for Journal of Robotics
- IP Attorney Randy McCarthy for IPWatchdog - Synthesis versus Innovation: A Practical Guide to Protecting IP When Using AI Technology
- Westlaw Today Q&A: IP expert Randall K. McCarthy on Mickey Mouse's 2024 entry into the public domain
- Patent Attorney Randy McCarthy: Software patent case has widespread implications