Richard Miller
Richard Miller

Richard W. Miller

Partner

millerrw@ballardspahr.com
Tel 678.420.9340
Fax 678.420.9301
Atlanta

Richard W. Miller, "Rich", is a registered patent attorney and has extensive experience in all aspects of patent litigation, including Markman proceedings, trial, and appeals before the U.S. Court of Appeals for the Federal Circuit. Mr. Miller has handled patent cases in all of the major patent jurisdictions, including the Eastern District of Texas, the District of Delaware, the Northern and Central Districts of California, and the Northern District of Georgia. He has also handled patent infringement cases before the International Trade Commission and the U.S. Court of Federal Claims.

Mr. Miller's patent litigation experience involves a variety of technologies. He has litigated cases relating to nonvolatile (flash) memory, smart utility meters, smart wearable technology, chemical processes, telecommunications and networking, radio frequency identification (RFID), audio and video compression, aircraft displays, call routing systems, e-mail filtering systems, store-locator systems, laser and RF medical treatments, and wireless monitoring of internal body conditions. He has also handled numerous cases involving design patents including several in the retail and fashion industry.

Mr. Miller has litigated copyright, trademark, and trade secret cases as well. Mr. Miller was part of the trial team that secured a judgment in favor of Georgia State University in Cambridge University Press et al. v. Patton et al. In that case, the district court ruled that GSU's use of alleged copyrighted works was largely protected by the doctrine of fair use, that GSU would not be enjoined from using the alleged infringed works, and that the publisher plaintiffs must pay GSU's attorneys' fees. Mr. Miller has also litigated several cases involving trademarks, trade dress, and trade secrets in a variety of industries.

Beyond pure litigation, Mr. Miller provides his clients with the full range of patent counseling services. He assists them in analyzing and responding to demand letters, patent due diligence for product releases, portfolio analysis, and opinions and advice pertaining to infringement and validity.

Mr. Miller is also a member of the Electrical, Software and Business Methods team in Ballard Spahr's Patent Group. He has significant experience in preparing and prosecuting patent applications for a number of different technologies, including computer and network security, video distribution and management, three-dimensional motion capture, power distribution and smart-grid technologies, lighting systems, and medical devices.

Before entering the law, Mr. Miller worked for five years as a software engineer and a software designer, developing, among other things, automated testing equipment for the semiconductor industry.

Representative Matters

  • Defended a major manufacturer of smart electric meters and several of its utility customers in a patent infringement suit, obtaining summary judgment ruling that reduced exposure in the case by roughly 95 percent.
  • Defended a cable television and media company in a multidistrict litigation case relating to optical networking technology.
  • Served on the lead counsel team for a leading lingerie brand in an infringement case related to wearable technology successfully defeating a preliminary injunction motion, which Mr. Miller argued. The case was dismissed shortly thereafter.
  • Represented a specialty retailer in a design patent and trade dress infringement case relating to the design and trade dress of bottles for liquid hand soap products. The defendant pulled the infringing products from the market.
  • Represented a designer, manufacturer and marketer of tools in a multi-party patent infringement matter in which the patent-at-issue relates to systems using interactive electronic representations of advertising images as means to measure the effectiveness of the particular advertising image.
  • Defended a leading lingerie brand in a patent infringement suit involving gel shaping inserts for bras, bringing an early summary judgment motion on the issue of intervening rights.

Professional Activities

Georgia Bar Association, Intellectual Property Section, Executive Committee

Atlanta Intellectual Property Inn of Court, Executive Committee

Contributor, 11th Circuit Trademark Model Jury Instructions

Taught portions of courses in intellectual property litigation at Emory University School of Law, Georgia State University, and Mercer University

Certified Instructor, National Institute of Trial Advocacy

Recognition & Accomplishments

Named by Super Lawyers magazine as a "Rising Star" in Georgia for intellectual property, 2012-2016

Publications

Co-author, "There's No Place Like Home: SCOTUS Rules on Patent Venue Issue," Ballard Spahr alert, May 22, 2017 

Co-author, "The Sum of the Parts ≠ the Whole? SCOTUS on Samsung v Apple," Ballard Spahr alert, December 6, 2016

Co-author, "Federal Circuit Narrows Availability of CBM Patent Review," Ballard Spahr alert, November 22, 2016

Co-author, "USPTO Clarifies Standard for Review of Financial Services Patents," Ballard Spahr alert, November 5, 2013

Co-author, "Popularity of USITC Surges for Blocking Infringing Imports," Ballard Spahr alert, February 16, 2012

Co-author, "Feasibility of a Global Patent System," Genetic Engineering & Biotechnology News, Legal Affairs, Vol. 30, No. 19, November 1, 2010

"Simmons v. Greenville Hospital: An Unusually Stringent Rule Against Retroactive Legislation," 56 S.C. L. Rev. 707, 2005

Speaking Engagements

"Innovation Improving Lives," World IP Day, UNLV’s Office of Economic Development, May 12, 2017

"Inter Partes Reviews," Atlanta IP Section SpringPosium, April 10, 2015

"One-Oh-What Now? Patentable Subject Matter Madness," Georgia Bar, March 9, 2015

"NPEs in the Retail Space," SAS NPE Forum, February 24, 2015

"Patent Trial and Appeal Board Update," Georgia Bar Intellectual Property Institute, September 2014

"Professionalism Is No Game," Atlanta IP Inn of Court, January 15, 2014

"Patent Law Update," Entertainment, Sports, and Intellectual Property Law Institute, Jamaica, November 7, 2013

"Ethical Implications of Social Media and Emerging Technology on IP Attorneys," Georgia Bar, March 28, 2013

"New First-to-File Rules Go Into Effect," Georgia Bar, February 27, 2013

"Financial Services Patent Litigation: Trolls & Trends," March 13, 2012


University of South Carolina School of Law (J.D. 2006, magna cum laude)
Associate Editor-in-Chief, South Carolina Law Review; Member, Order of the Coif and Order of the Wig and Robe; Recipient, Compleat Lawyer Award

University of Arizona (B.S., computer engineering, 1998)

Georgia

South Carolina

U.S. Patent and Trademark Office

U.S. District Court, Colorado

U.S. District Court, Eastern District of Texas

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the 11th Circuit