H. Mark Lyon is a technology partner in Gibson, Dunn & Crutcher’s Palo Alto office.  As Chair of the firm’s Artificial Intelligence and Automated Systems Practice Group, Mr. Lyon has extensive expertise in the legal, ethical, and policy issues arising from the use of such technologies.  In addition, Mr. Lyon is a member of the Intellectual Property, Life Sciences, Privacy, Cybersecurity and Consumer Protection, and Media, Entertainment and Technology Practice Groups.

For nearly three decades, Mr. Lyon has represented clients as lead trial and appellate counsel in patent, trade secret, copyright, trademark, products liability, bankruptcy, and other complex litigation matters.  He has led litigation teams in matters involving sophisticated technologies ranging from electronic devices, artificial intelligence and other computer software, wireless telecommunications, and semiconductor products to medical devices and pharmaceuticals.  While Mr. Lyon has successfully tried cases to verdict, both in jury and bench trials, a consistent hallmark of his overall success has been the strategic use of targeted motion practice to win cases prior to trial.  Indeed, on multiple occasions, the Daily Journal  has named Mr. Lyon as a top IP litigator for his handling of high-stakes, high-profile litigation matters.  Exemplary clients include a major Silicon Valley-based global consumer electronics manufacturer, Facebook, Oculus, GCL, Sharp, St. Jude Medical, Medtronic, VMware, Square, Red Hat, and Novell, among many others.

Mr. Lyon also regularly counsels and advises clients in transactional and strategic matters, particularly in emerging technology areas such as artificial intelligence, robotics and automation, new energy, medical devices, and bots and other apps.  Mr. Lyon assists clients in their acquisition and sale of technology-related businesses, as well as in the strategic protection of intellectual property rights through their development, distribution, and marketing of products and services.  In addition, Mr. Lyon regularly advises clients on navigating various regulatory and other legal hazards, particularly those relating to artificial intelligence technologies, as well as creating appropriate legal and ethical policies and procedures for such businesses.

Mr. Lyon is a frequent author and lecturer on matters relating to technology, particularly those involving machine learning and other AI/AS technologies, as well as on issues relating to intellectual property and disputes before the U.S. International Trade Commission.  In addition, Mr. Lyon is an active member of The IEEE Global Initiative for Ethical Considerations in Artificial Intelligence and Autonomous Systems as well as the Association for the Advancement of Artificial Intelligence.

Exemplary matters include:

Consumer Electronics, Automation, Artificial Intelligence, and Computer Software

• Lead trial counsel in the defense of multiple ITC and district court patent cases involving various technologies used in mobile consumer devices.
• Lead trial counsel in the defense of a multi-patent case involving NLP and other artificial intelligence-related features of consumer products.
• Lead trial counsel both in the ITC and district court for patent matters relating to display technologies.
• Lead trial counsel in the defense of a multi-patent case involving open-source software and operating systems.
• Lead trial counsel in a copyright and unfair competition action involving the alleged breach of a software license.
• Lead counsel in a multi-patent case involving expert systems.
• Lead counsel in a multi-patent dispute involving robotic and machine-assisted products.
• Lead counsel in various negotiations for licenses to machine learning and other artificial intelligence-related technologies.
• Legal and policy advisor to numerous companies developing autonomous products and services utilizing machine learning and other advanced artificial intelligence technologies.
• Legal advisor in the development of various chatbot and other consumer-directed applications.

Energy

• Lead trial counsel in litigation matters relating to the alleged misappropriation of trade secrets relating to solar modules.
• Lead litigation counsel in matters pertaining to the acquisition of energy-related technology through bankruptcy proceedings and related litigation.
• Legal advisor in the development of products in the fields of solar and wind energy.

Telecommunications

• Lead trial counsel in a series of patent litigation matters relating to DWDM and other optical telecommunications technologies.
• Lead trial counsel in the defense of a matter relating to server load-balancing.
• Lead counsel in trade secret matter relating to networking technologies.
• Lead counsel in a multi-patent case involving digital cellular telecommunication protocols.
• Legal advisor in the acquisition and protection of intellectual property rights for optical and RF telecommunication systems.

Medical Devices

• Lead trial counsel for a series of patent litigation matters relating to implantable medical devices.
• Lead trial counsel in the defense of a multi-patent case involving drug-eluting stents.
• Lead counsel in the defense of a patent case involving medical telemetry systems.
• Lead counsel in various negotiations for algorithmic and other software technologies incorporated in external and implantable monitors and devices.

Semiconductors and Electronics

• Lead trial counsel multiple patent matters before the ITC and in district courts involving semiconductor packaging technologies.
• Lead trial counsel in the defense of a patent case involving laser-based semiconductor mask manufacturing technologies.
• Lead trial counsel in the defense of multiple patent cases relating to various semiconductor memory devices.
• Legal advisor for the acquisition and protection of intellectual property rights in semiconductor-related lithographic technologies.

Mr. Lyon is admitted to practice in California and Washington, D.C., as well as various district and appellate courts across the country and has had particular success defending cases in the plaintiff-favorite Eastern District of Texas.

Mr. Lyon obtained his J.D., summa cum laude, from Santa Clara University and holds a bachelor’s degree in electrical engineering from Michigan State University.  Prior to becoming a lawyer, Mr. Lyon worked for Lockheed Missiles & Space Systems, Inc., in the Space Systems and Astronautics Divisions, performing systems design and analysis for radio frequency and laser satellite telecommunications and computer and laser networks.

Mr. Lyon is a member of Pi Mu Epsilon (a national mathematics honorary), Eta Kappa Nu (a national electrical engineering honorary), and Alpha Sigma Nu (a national Jesuit honorary).  He is a former co-chair of the Patent Litigation Committee of the Federal Circuit Bar Association and is active in a number of other professional organizations.