People

Patrick McClay
Patrick K. McClay
Partner

Overview

Patrick McClay has developed a broad IP practice serving clients from startups to Fortune 100 companies across the medical device, consumer products, and packaging industries. His work spans the full lifecycle of patent assets, from portfolio development and prosecution through transactional diligence, post-grant proceedings, and litigation strategy.

His transactional practice includes leading IP due diligence matters for complex transactions, including acquisitions and licensing deals. He analyzes agreements for technology transfers and IP acquisitions, and develops strategies to integrate and optimize acquired patent portfolios for synergistic value and cost efficiency. He also performs detailed product clearance and freedom-to-operate analyses to guide development decisions and minimize IP risk across a range of industries, and provides opinions in support of product launches.

On the portfolio management side, Patrick manages large-scale patent estates encompassing thousands of patent and trademark matters worldwide, overseeing all phases of prosecution in the United States and internationally. He designs and implements competitive intelligence programs to track relevant patent activity, and works closely with R&D teams to facilitate and manage internal innovation efforts. His practice also includes assessing and improving corporate trade secret programs, including policies, procedures, training, and contractual protections.

Patrick also counsels clients on artificial intelligence governance and regulatory compliance, including strategies for protecting AI-related innovations and navigating the evolving IP landscape surrounding AI-generated works and inventions. He also maintains a close working knowledge of the latest AI-powered tools applicable to IP practice and regularly evaluates emerging technologies to improve the efficiency and quality of client service.

With a background in biomedical engineering, Patrick's technical strength lies in medical devices — particularly cardiovascular, structural heart, diabetes care, and diagnostic devices — though his experience extends more broadly to industries including consumer electronics, household goods, and food packaging.

Prior to joining Baker Botts, Patrick gained experience at several intellectual property boutique firms and interned at the United States Patent and Trademark Office.

Admissions & Affiliations

  • New York State Bar
  • United States Patent and Trademark Office
  • United States District Court for the Southern District of New York
  • New York Intellectual Property Law Association, Patent Law Committee

Education

  • J.D., Brooklyn Law School 2015
  • B.S., Biomedical Engineering, California Polytechnic State University 2012
    Engineer in Training (EIT) Certified

Experience

Transactions & Due Diligence for Healthcare Company

  • Led IP due diligence matters across mergers and acquisitions, licensing deals, asset purchases, and joint ventures, with a focus on confirming ownership and chain of title, assessing portfolio strength and enforceability, identifying license restrictions and encumbrances that affect transferability, and evaluating freedom-to-operate and litigation exposure. Advised on the full scope of IP assets at stake in a transaction — patents, trademarks, trade secrets, software, and related agreements — and worked with deal teams to translate IP risk into deal structure, pricing, and post-closing integration strategy.

Product Launch Support & PTAB Proceedings for Medical Device Business

  • Performed freedom-to-operate and product clearance analyses across cardiovascular, structural heart and diabetes care product lines. Provided infringement and validity opinions in support of product launches and patent litigation strategy, and represented the client in post-grant proceedings before the Patent Trial and Appeal Board.

Portfolio Development & Management for Consumer Goods and Medical Products Companies

  • Managed global patent and trademark portfolios, overseeing prosecution strategy across multiple jurisdictions. Built and ran competitive intelligence programs to monitor patent landscapes and worked directly with R&D teams to identify and capture innovation.

Trade Secret & IP Program Counseling for Therapeutic Device Manufacturer

  • Assessed and redesigned corporate trade secret programs, including review of policies, procedures, employee training protocols, and confidentiality agreements.