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OVERVIEW

Lynn C. Tyler, M.S.
Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P 317-231-7392

F 317-231-7433

OVERVIEW

Lynn C. Tyler, M.S.
Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P 317-231-7392

F 317-231-7433

Lynn Tyler helps innovative companies secure and preserve their market position and competitive advantage. He advises on FDA compliance, helps protect clients with patent infringement and validity opinions, helps and enforce intellectual property rights — which often must be asserted against imitators who seek to reap where they have not sown.

OVERVIEW

Lynn Tyler helps innovative companies secure and preserve their market position and competitive advantage. He advises on FDA compliance, helps protect clients with patent infringement and validity opinions, helps and enforce intellectual property rights — which often must be asserted against imitators who seek to reap where they have not sown.

An accomplished advocate, Lynn litigates and represents clients involved in virtually all stages of the dispute resolution process, including pre-litigation counseling, alternative dispute resolution, formal and informal discovery, trial and appeal. As chair of the firm’s Food, Drug and Device practice group, Lynn counsels food industry clients on matters such as advertising and promotion, FDA inspections, imports, labeling, registration, reporting and packaging. He also advises medical device companies on matters such as inspections, 510(k)s, and labeling and promotion issues.

Lynn has represented clients in federal courts throughout the country in cases involving patents, trademarks and trade dress, trade secrets, antitrust, noncompete agreements and unfair competition. Some of the technologies in which Lynn has been involved include agricultural chemicals, artificial hips, automotive carbon canisters, fuel caps and thermostats, ballistics software, blood glucose monitors and other blood assays and analyzers, cable television test equipment, cement kilns, e-commerce software, pharmaceuticals and spinal implants.

Notably, Lynn has participated in more than 20 trials and evidentiary hearings in patent cases and other complex commercial matters. For appellate matters, he has served as lead counsel in over 30 cases before the U.S. Supreme Court and various federal and state courts.

He is the author of numerous articles and two book chapters on issues of intellectual property, FDA law and federal procedure published in a variety of peer-reviewed publications.

Professional and Community Involvement

Inaugural Master, Indianapolis Intellectual Property American Inn of Court, 2018

Chair, American Intellectual Property Law Association (AIPLA) Food and Drug Committee, 2016-2018

Board member, Food and Drug Law Institute (FDLI) Publications Advisory Board

Member, 7th Circuit Bar Association

Member, Federal Circuit Bar Association

Member, Indiana State Bar Association

Board member and volunteer, Neighborhood Christian Legal Clinic

Former board chair, Booth Tarkington Civic Theater

Former board member, secretary and treasurer, JDRF Indiana Chapter, JDRF

Honors

The Best Lawyers in America, 2009-2020; Lawyer of the Year, 2014, 2017 and 2019

Martindale-Hubbell AV Preeminent rating

Recipient, Burton Award for Legal Achievement, 2010

Recipient, Indianapolis Bar Association Pro Bono Award, 2002

Co-recipient, Barnes & Thornburg Joseph A. Maley Pro Bono Award, 2009

EXPERIENCE
  • Represented plaintiff software developer in misappropriation of care and unfair competition against major software company. Jury found defendant liable, including bad faith.
  • Representing Plaintiff in case asserting patent infringement, misappropriation of trade secrets, unfair competition, and other tort claims involving agricultural chemicals.
  • Paragon Medical is a tier 1 supplier of world-class solutions for custom and standard surgical instrument delivery systems, custom and standard surgical instrumentation, implantable components and design and development services to the medical device marketplace.
  • Claim against client was dismissed for forum non conveniens in suit for fraud and wrongful termination of distributor.
  • Defended manufacturer of blood glucose meters and test strips against claims of patent infringement in a multi-billion dollar market. The case settled after the plaintiffs potential recovery was reduced by partial summary judgments of laches and invalidity and a motion in limine barring a substantial portion of the plaintiffs remaining damages claim.
  • In Loparex, LLC v. MPI Release Technology, et al. Case No. 1:09-CV-01411-JMS-TAB (S.D. Ind.), Mr. Tyler and other Barnes & Thornburg attorneys successfully represented the defendants in obtaining summary judgment on the plaintiff's trade secret and related claims and in securing an award of over $500,000 in attorneys' fees and costs incurred to defend the case.
  • In this case involving intermittent windshield wipers, claims against the client were dismissed for failure to prosecute. The client collected over $240,000 in discovery and other sanctions.
  • Represented a national product manufacturer in obtaining summary judgment of invalidity in a patent infringement case in the U.S. District Court for the Southern District of Indiana. Plaintiff claimed that the firm’s client had infringed three of its patents. The court agreed with the client’s assertion that one of the accused products was in the public domain prior to the filing date of the application for the patent, and that the plaintiff could not establish an earlier conception or reduction to practice. Thus, the accused product was prior art to the patent and rendered the patent invalid. The plaintiff had earlier agreed to dismiss two of the patents with prejudice after the Court ruled that if dismissal was without prejudice the plaintiff would have to reimburse the firm client's attorneys' fees.
  • Represented an information technology client in a patent infringement case involving web browser technology and Internet commerce.
  • Represented automotive parts manufacturer client in a patent infringement case involving automotive fuel caps. The jury awarded the client more than $1 million.
  • Represented client defendant against claims of monopolization/attempt to monopolize. Defendant defeated motion for preliminary injunction and was granted voluntary dismissal with prejudice in less than a week.
  • Represented defendant named in multi-count complaint for antitrust violations, fraud, breach of fiduciary duty, breach of contract, etc. Telecommunication client obtained dismissal of several claims and court granted summary judgment on the remainder.
  • Represented the Plaintiff, a leading developer and manufacturer of automotive fuel systems, fuel caps, radiator caps and thermostats, against a competing automotive engine components manufacturer in a patent infringement case.
    In the original complaint, the Plaintiff accused the Defendant’s carbon vapor recovery canister of infringing upon two of the Plaintiff’s patents. When the Plaintiff discovered the Defendant’s next generation canister, it amended the original complaint to accuse the new model of infringing the two patents-in-suit plus a third patent. Within nine months of service of the complaint, the case was resolved when the Defendant facilitated the transfer to the Plaintiff of other canister business that amounted to one of the largest contracts in the Plaintiff's history.
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