Richard Miller
Richard Miller

Richard W. Miller

Tel 678.420.9340
Fax 678.420.9301

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.

Professional Activities

Georgia Bar Association, Intellectual Property Section, Chair, Patent Committee

Atlanta Intellectual Property Inns of Court

Served on committee that drafted the 11th Circuit's trademark model jury instructions

Taught portions of courses in intellectual property litigation at Emory Law School

Recognition & Accomplishments

Named by Super Lawyers magazine as a "Rising Star" in Georgia for intellectual property, 2012-2015


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

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)


South Carolina

U.S. Patent and Trademark Office

U.S. District Court, Eastern Texas