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Shane G. Smith

POSITION: Of Counsel

7647 N. Fresno Street
Fresno, CA 93720

(559) 433-1300 main
(559) 433-2300 fax

E-MAIL: Click Here

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Juris Doctor, 2010
University of California, Berkeley, School of Law
American Jurisprudence Award, California Constitutional Law
Law & Technology Certificate, Berkeley Center for Law & Technology

Ph.D., Cellular & Molecular Pathology, 2003
University of California, Los Angeles

Bachelors of Science, Biochemistry, 1997
University of California, Davis
Student Commencement Speaker


Mr. Smith joined McCormick Barstow from a global law firm in 2016.  He focuses his practice on federal civil litigation, with special emphasis on intellectual property.  Mr. Smith also contributes to intellectual property licensing, counseling, and due diligence matters.

Mr. Smith’s trial experience includes direct examining expert and fact witnesses  in federal district court.  He routinely handles motion practice, expert, and fact discovery matters in intellectual property cases.

While attending Berkeley Law, Mr. Smith externed in the chambers of Chief Justice Ronald George on the Supreme Court of California.  His co-authored manuscript on California religion jurisprudence was published by the USF Law Review, and he has been interviewed by California Lawyer on state separation of powers issues.

Mr. Smith is admitted in California and the United States District Courts for the Eastern, Northern, Central, and Southern Districts of California.


Concentrating on Complex Business Litigation, including Contract and Business Disputes involving Copyright, Trademark, Trade Secret, Patent, and other areas of Intellectual Property Law.

Professional Associations

Mr. Smith is a Member of the Merced County Bar Association, Fresno County Bar Association, and Federal Bar Association, San Joaquin Chapter.  He contributes to scholarship on California’s highest court as Senior Research Fellow to the California Constitution Center at Berkeley Law.

Community Involvement

In 2015, Mr. Smith (a resident of Merced) was appointed to the Independent Districting Advisory Committee for the City of Merced, a Brown Act body that worked to develop Council electoral maps supported by the community and consistent with the City’s legal obligations.  In service of that effort, Mr. Smith personally spoke with church, service, educational, and social groups around Merced.  He and his wife support education, arts, and health programs benefiting Mercedians, and recently assisted an effort to bring High Speed Rail to Merced.  Mr. Smith is proud to have endowed a scholarship fund at the College of Biological Sciences at UC Davis, his and his wife’s alma mater.

Publications & Lectures

Pfizer, Inc. v. Lee: Time Between Original and Corrected Restriction Requirement Nets No Further Patent Term Adjustment, NATIONAL LAW REVIEW (Feb. 25, 2016).

Akebia Therapeutics, Inc. v. FibroGen, Inc.: Statute Permits Domestic Discovery for Foreign Opposition Proceedings, NATIONAL LAW REVIEW (Aug. 28, 2015).

When a Divisional Is Not a Divisional:  No Section 121 Safe Harbor for Reissue Patentee Who Retroactively Omitted New Matter, NATIONAL LAW REVIEW (July 31, 2015).

Generic Drug Product Liability:  An Emerging SCOCA Issue?, SCOCABLOG (Mar. 2, 2015).

No Declaratory Jurisdiction Without Biosimilarity Application on File with FDA, LEXOLOGY (Jan. 29, 2015).

Patentee May Cancel but May Not Substitute Claims when Proposed Amended Claims Are Not Shown To Be Unobvious, NATIONAL LAW REVIEW (Nov. 27, 2014).

Preliminary Injunction Ordered Based on Appellate Claim Construction, NATIONAL LAW REVIEW (Sept. 30, 2013).

No Anti-Suit Injunction Where Foreign Arbitration Controls Resolution of Licensing Dispute, NATIONAL LAW REVIEW (June 30, 2013).

Federal Circuit Holds Claim Construction Turns on Patentee Disclaimer, NATIONAL LAW REVIEW (June 2, 2013).

Co-Author with David Carrillo, California Constitutional Law: The Religion Clauses, 45 USF L.R. 689 (2011).