Tyler J. Dutton

Overview

Tyler J. Dutton is an experienced patent litigator and director in Sterne Kessler’s Electronics Practice Group. He represents clients in patent disputes in federal district courts, the U.S. International Trade Commission, the Patent Trial and Appeal Board, and the Federal Circuit. Tyler handles disputes involving technologies that send or receive data, including for telecommunications, computer graphics, memory systems, bioinformatics, and automotive systems.

Tyler is known for understanding how complex technologies do or do not map onto patent claims. He develops case-critical evidence through technical documents, source code analysis, expert discovery, and depositions, then distills that evidence into clear legal arguments. Most recently, Tyler played a key role in an ITC investigation that resulted in a settlement providing his client with approximately $200 million upfront, license fees of up to approximately $27.5 million per quarter for 20 consecutive quarters, and a supply agreement. In another recent matter, he led source code analysis and expert discovery and cross-examined key technical witnesses at trial, helping to secure a $245 million final judgment of willful infringement plus ongoing royalties.

Tyler has also been counsel on over 50 inter partes review proceedings. He has experience in all aspects of the inter partes review lifecycle, including drafting petitions and patent owner responses, taking and defending depositions, leading oral arguments, and successfully defending PTAB wins before the Federal Circuit.

When not drafting legal briefs or in a courtroom, Tyler is most likely found summiting a mountain or planning his next adventure.

Tyler received his J.D., with honors, from Emory University School of Law and his B.S., summa cum laude, in electronics engineering technology from South Dakota State University.

Representative Matters

• Certain Dynamic Access Memory (DRAM) Devices, Products Containing the Same, and Components Thereof: Represented Netlist, Inc. against Samsung, Google, and Supermicro on patents related to dual in-line memory modules (DIMMs) and high bandwidth memory (HBM) used in server systems. Netlist received approximately $200 million as an upfront licensing fee, license fees of up to approximately $27.5 million per quarter for 20 consecutive quarters, and a supply agreement with Samsung.
• TwinStrand Biosciences, Inc. v. Guardant Health, Inc.: Led source code review and expert discovery to establish willful infringement of two patents related to DNA sequencing, resulting in a $245 million final judgment of willful infringement plus ongoing royalties.
• Guardant Health, Inc. v. TwinStrand Biosciences, Inc.: Led source code review and expert discovery to defend against counterclaims of patent infringement, resulting in a dismissal with prejudice of all counterclaims before trial.
• G+ Communications, LLC v. Samsung Electronics Co.: Successfully defended a wireless telecommunications patent in an ex parte reexamination to maintain a $61 million jury verdict.
• Provisur Technologies, Inc. v. Weber, Inc.: Led efforts to invalidate every claim of two asserted patents related to industrial meat slicers. First chaired oral arguments at the PTAB and the Federal Circuit to achieve the favorable outcome.
• Caterpillar Paving Products Inc. v. Wirtgen America, Inc.: Led efforts to invalidate every claim of an asserted patent related to a road paving machine and successfully opposed a motion to amend. First chaired oral arguments at the PTAB and the Federal Circuit to achieve the favorable outcome.
• Advanced Micro Devices, Inc. v. LG Electronics, Inc.: Drafted substantive briefing in several inter partes review proceedings to prove that the inventors were the first to invent a technology in the graphics processor for the Xbox 360.

Education

• J.D., Emory University School of Law, with honors
• B.S., Electronics Engineering Technology, South Dakota State University, summa cum laude