Richard W. Miller

Partner He / Him / His
Atlanta

Rich Miller is the Practice Leader of Ballard Spahr's Intellectual Property Litigation Group. With a strong background and experience in engineering, Rich is able to seamlessly integrate legal issues with clients' core business models. He is capable of looking at client’s needs from the eyes of both a patent litigator and counselor, giving unique insight and solutions to the most complex IP issues that may arise.

Rich has handled dozens of patent infringement cases relating to a wide variety of technologies in the Eastern District of Texas and the District of Delaware. He has also taken cases through trial in the International Trade Commission (ITC), and has argued appeals before the U.S. Court of Appeals for the Federal Circuit. Rich also has extensive experience litigating copyright, trademark, trade dress, and trade secret cases.

Experience 

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 Rich argued. The case was dismissed shortly thereafter.

Professional Highlights

Professional Activities

Georgia Bar Association, Intellectual Property Section, Chair

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

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

Publications

 Author, "Supreme Court Increases the Risk of Big Damage Awards," Fulton County Daily Report, In-House Georgia, January 9, 2017  

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

Credentials 

Education

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

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

Admissions

Georgia

South Carolina

U.S. Patent and Trademark Office

U.S. District Court for the District of Colorado

U.S. District Court for the Eastern District of Texas

U.S. Court of Appeals for the Federal Circuit

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