Lynn C. Tyler is a partner and registered patent lawyer in the firm's Intellectual Property Department. Mr. Tyler helps innovative companies secure and preserve their market position and competitive advantage by navigating their way through the FDA to the marketplace and enforcing their intellectual property rights, which often must be protected against imitators who seek to reap where they have not sown. He litigates intellectual property matters and represents clients at virtually all stages of the process, including pre-litigation counseling, alternative dispute resolution, formal and informal discovery, trial and appeal.
Mr. Tyler also chairs the firm's Food, Drug and Device Law Practice Group. He counsels food industry clients on matters such as advertising and promotion, FDA inspections, imports, labeling, registration, reporting and packaging, and medical device companies on matters such as inspections, IDEs, 510(k)s, and labeling and promotion issues.
Mr. Tyler has represented clients in federal courts throughout the country in cases involving patents, trademarks and trade dress, trade secrets, antitrust, non-compete agreements, and unfair competition. Mr. Tyler has also represented clients in Section 337 investigations before the International Trade Commission. Some of the technologies involved in these cases include artificial hips, automotive fuel caps, cable television test equipment, cement kilns, electrochemical blood glucose monitors and other blood assays and analyzers, computer software, pharmaceuticals and spinal implants.
He has participated in more than 15 trials and injunction hearings in complex commercial matters. For appellate matters, he has been the lead counsel in over 30 cases before the Supreme Court of the United States and various federal and state courts. He is admitted to practice before the Supreme Court of the United States, several federal Courts of Appeals, and the Supreme Court of Indiana.
Mr. Tyler graduated summa cum laude in 1981 from the University of Notre Dame and received his J.D. magna cum laude from the University of Michigan Law School in 1984. He also received a M.S. in biology from IUPUI in 2007. He was a member of the Michigan Law Review and elected to the Order of Coif. He is chair of the Program Development Subcommittee for the AIPLA's Biotech Committee and serves on the Damages and Injunctions Standing Commitee of the Intellectual Property Owners Association. He is a member of the 7th Circuit, Federal Circuit, and Indiana State Bar Associations.
Mr. Tyler is listed in The Best Lawyers in America® and Indiana Super Lawyers® and is rated AV® Preeminent in Intellectual Property Law by Martindale-Hubbel®. He is the author of several articles published on issues of intellectual property or federal procedure in a variety of peer-reviewed publications. In 2010, one of his articles won the prestigious Burton Award for Legal Achievement. His civic activities include being a co-founder, past president, and volunteer for the Neighborhood Christian Legal Clinic (NCLC) and past chairman of the Indianapolis Civic Theatre (1999-2002). Currently, he serves on the board of the Indiana Chapter of the Juvenile Diabetes Research Foundation. For his work on behalf of the NCLC, he received the Indianapolis Bar Association's Pro Bono Award in 2002 and was a co-recipient of the firm's inaugural Joseph A. Maley Pro Bono Award in 2009.
Publications
4/23/2012, Barnes & Thornburg LLP's Food, Drug & Device Update - Spring 2012
4/13/2012, "Section III of Mayo v. Prometheus: Better Left Unwritten?"
1/4/2012, Barnes & Thornburg LLP's Food, Drug & Device Update - Winter 2012
1/1/2012, Biotech Buzz - January 2012
11/1/2011, Biotech Buzz - December 2011
10/18/2011, Biotech Buzz - October 2011
9/28/2011, Barnes & Thornburg LLP's Food, Drug & Device Update - Fall 2011
9/21/2011, Inside Indiana Business - "Patent Reform Finally Becomes a Reality"
8/9/2011, Inside Indiana Business - "Two Recent and Important Court Decisions Favor Patent Owners"
8/1/2011, Biotech Buzz - August 2011
02/02/2011, Inside Indiana Business - "Patent Reform: Much Ado About Nothing or Will 2011 Be The Year?"
07/16/2010, PTC Journal - Federal Circuit Establishes Standards for Patent Prosecution Bars in Protective Orders
07/14/2010, Law360 - Bilski: Set Aside Your Criticism and Learn to Love It
06/11/2010, IP Watch - The Biosimilars Pathway: An Invitation to Litigation
04/05/2010, IP Law360 - Outpacing Congress on Patent Reform
01/20/2010, Wake Forest Intellectual Property Law Journal - Kingsdown Twenty Years Later
01/05/2010, IP Law360 - A Tale of Two Microsoft Cases
10/13/2009, Inside Indiana Business - "Courts Take The Lead on Patent Damages Reform"
07/28/2009, Inside Indiana Business - "Patent Office Reform Suffers Setback"
06/05/2009, Patent, Trademark & Copyright Journal - "Recent Supreme Court Decision Heightens Pleading..."
06/03/2009, Inside Indiana Business - "Recent Sup. Court Decision Holds Out Hope for Reducing Litigation Costs"
05/07/2009, Inside Indiana Business - "Recent Biotech Patent Cases Show Importance of Factual Context..."
04/15/2009, Inside Indiana Business - "Patent Office Takes Baby Steps Towards Reform"
03/26/2009, Inside Indiana Business - "Government, Industry Pursue Research and Education to Counter..."
01/22/2009, Inside Indiana Business - "Law and DNA Order: DNA Sequence Patents at Risk"
12/18/2008, Life Sciences News, Vol. 1, Issue 1
07/23/2008, Inside Indiana Business - "Supr. Court Makes Collecting Royalties From Downstream Customers..."
06/05/2008, Inside Indiana Business - "Patent Reform Stalls in Senate, Leaving Glass Half Full"
01/21/2008, Indianapolis Business Journal - "Patent ruling a big victory for biotech, drug industries"
07/23/2007, Indianapolis Business Journal - "Life sciences patents still alive after Supreme decision"
06/01/2007, Tyler Pens Article On Patentable Subject Matter
03/26/2004, Kingsdown Fifteen Years Later: What Does It Take To Prove Inequitable Conduct?
08/01/1998, Sage Advice - Set It Out Clearly in Public Record
06/04/1998, Trade Secrets in Indiana: Property vs. Relationship
06/04/1995, Personal jurisdiction: Is it time to stick a fork in the fiduciary shield doctrine?
05/22/1995, Promissory misrepresentations: Are they, and should they be, actionable as constructive fraud?
06/04/1994, Federal question jurisdiction: how plaintiffs can avoid inadvertently alleging it and how defendants
05/27/1994, Injunctions Against Threatened Patent Infringement: Were Lang v. Pacific Marine
Events
2/21/2012, AIPLA Biotechnology Committee webinar: "Bayh-Dole: The Basics and Beyond"
12/6/2011, Obtaining and Enforcing Patents on Bioinformatic and Diagnostic Inventions
9/22/2011, AIPLA Biotechnology Committee webinar - "AMP v. USPTO: 35 U.S.C. 101 and DNA Sequence Patents"
07/07/2011, Attorney Presentation - "Stanford v. Roche, The Decision and What it Means to You and Your Clients"
03/17/2011, Attorney Presentation - "Restriction Practice in Biotech Applications"
12/08/2010, Attorney Presentation - "Patenting Biotechnology in Uncertain Times"
03/16/2010, Point/Counterpoint: Are Human Genes Patentable?
11/17/2009, Attorney Presentation - Biotechnology and Patent Law
12/02/2008, Maximizing Your Patentable Inventions and Steering Clear of Landmines in a Problematic Economy
11/14/2008, Attorney Presentation - Advanced Issues in Patent Remedies
11/13/2008, Patent Litigation Summit
09/26/2008, Intellectual Property Challenges to Business Models in the New Economy
11/13/2007, How to Keep Your Intellectual Property From Walking Out the Door
11/08/2007, Lynn Tyler Gives Patent Law Lecture to University Class
11/30/2006, Lynn Tyler Guest Lectures on Patent Laws
06/21/2006, Key IP Issues in Pharmaceuticals, Medical Devices, and Biologics
04/24/2002, Intellectual Property Seminar
07/12/2001, How to Secure and Manage Intellectual Property