Description of the Practice

Joel Miller handles a wide range of patent, trademark, copyright, and antitrust matters, including litigation and transactional assignments, as well as matters in related areas of the law. Joel provides these services for a variety of industries and technologies, as outlined below. Currently, he is litigating patent and trademark infringement matters, taking appeals to the USPTO Patent Trial and Appeal Board, and securing patent protection for a high‑tech startup. Employing alternative dispute resolution and negotiation, Joel favorably resolved a number of infringement disputes, either before a complaint was filed or shortly after litigation had begun.

Representative matters


Patents

Preparation and prosecution of utility and design patent applications; infringement litigation; infringement, validity, and right‑to‑use (freedom‑to‑operate) studies and opinions; reexamination proceedings; post-grant trial proceedings at the USPTO Patent Trial and Appeal Board (PTAB); appeals to the PTAB and the U.S. Court of Appeals for the Federal Circuit; arbitration.

Trademarks and unfair competition

Trademark application preparation and prosecution; infringement litigation; policing of marks and investigation of unauthorized third party users; proceedings before the USPTO Trademark Trial and Appeal Board (appeals, cancellations, and oppositions); false advertising; trade secret counseling; advertising injury insurance coverage.

Copyrights

Copyright registration; infringement litigation; music performance rights (ASCAP, BMI).

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Computer software and information technology

Patent, trademark, trade secret, and copyright protection; website and software development agreements, and related litigation; corporate software protection audits and plans.

Licensing and agreements

Patent, know-how, trademark, copyright, computer software, and music license agreements and related contracts; non-disclosure agreements.

Antitrust

Predatory pricing; distribution and dealer termination issues; monopolization; intellectual property antitrust; industry standards; litigation.

International trade

Patent infringement proceedings before the U.S. International Trade Commission; economic injury under 19 U.S.C. § 1337 (prior to and since passage of the Omnibus Trade and Competitiveness Act of 1988); export licensing and controls (ITARs).

Employment agreements

Preparation of employment, invention assignments, and non‑compete agreements; exit interviews.

Government contracts

Patent and data rights.

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Industries served

• aeronautical and aircraft
• automotive
• broadcast and media
• computer hardware and software
• electronics
• fashion and jewelry
• finance and insurance
• food; baking
• industrial machinery and tools
• Internet; website and application development
• medical, dental, and healthcare
• military and aerospace
• pharmaceutical
• photographic
• semiconductor
• sports
• telecommunications and wireless
• toy and collectibles

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Representative technologies

• analog and digital circuitry
• artificial intelligence
• avionics and radar
• broadcasting (AM/FM/TV; CATV/cable)
• communications (HF, VHF, UHF; land mobile radio)
• computer hardware and software; mobile device apps
• digital display systems
• digital signal processing
• electromechanical control systems
• food and bakery production
• healthcare products and medical electronics
• image processing; image recognition
• Internet, hosting, website development (HTML, CSS)
• navigation systems
• open source software (Linux OS, Apache server)
• optoelectronics
• pollution control systems
• semiconductor technology (process, architecture, and circuitry)
• telephony and wireless

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