Richard W. Miller

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.

Richard Miller is a partner in the firm's Intellectual Property Litigation Group. He focuses his practice on patent litigation relating to high technology with an emphasis on electronics, software, and computer networking. His litigation experience includes Markman proceedings, trial and appeals before the U.S. Court of Appeals for the Federal Circuit, and he has litigated cases before the International Trade Commission and the U.S. Court of Federal Claims. Rich also has extensive experience litigating copyright, trademark, trade dress, and trade secret cases.

Beyond pure litigation, Rich 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. He has also handled numerous cases involving design patents including several in the retail and fashion industry.

Prior to working at Ballard Spahr, Rich worked as a software engineer and 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 Rich 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.
• 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.

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 

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

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