Richard W. Miller is a member of the electrical and communications technology and software and business methods practice teams in Ballard Spahr's Patents Group. Mr. Miller 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. He 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, particularly in the electronics and software fields. He has litigated cases relating to nonvolatile (flash) memory, smart utility meters, telecommunications and networking, radio frequency identification (RFID), audio and video compression, aircraft displays, call routing systems, e-mail filtering systems, and store-locator systems, among others. In addition, Mr. Miller has litigated cases involving laser and RF medical treatments and wireless monitoring of internal body conditions. He has also handled several cases involving design patents.
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 also 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.
Mr. Miller has litigated copyright and trademark cases as well, and was part of the trial team that secured a verdict 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 and trade dress in a variety of industries.
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.