McCoy Smith

Founding Attorney
Lex Pan

How Patents Remain a Threat

Government, Law & Policy
Wednesday, February 8 • 1:00pm-1:30pm GMT
Westminster, 4th Floor


How Patents Remain a Threat

The session will give a brief overview of the historical threat of patents to Open, how that threat has been addressed in the past, and where gaps still remain. The session will then give case studies where specific examples of threats to Open have been fought. Suggestions for how to continue to fight and win against these threats will be given.


P. McCoy Smith is the Founding Attorney at Lex Pan Law, an intellectual property law firm in the US, and Opsequio, an open source compliance consultancy. Previously, he spent 20 years in the legal department of a Fortune 50 multinational technology company as a intellectual property specialist, 8 years in private law practice, litigating and prosecuting U.S. patents, and 3 years as a patent examiner at the U.S. Patent & Trademark Office. He is licensed to practice law in Oregon, California & New York, and to practice before the U.S. Patent & Trademark Office and the Canadian Intellectual Property Office. From 2014-2020 was on the editorial board of the Journal of Open Law, Technology & Society (JOLTS), and starting in 2023 will be on the editorial board of the American Intellectual Property Law Quarterly Journal (AIPLAQJ). He is also the author or co-author of chapters on open source and copyright, and patents, in “Open Source Law, Policy & Practice” (2022, Oxford University Press).