Mark Miller
PEOPLE

Mark Miller

Partner
miller.mark@dorsey.com

Overview

MARK HELPS CLIENTS INCREASE THEIR BUSINESS VALUE THROUGH ENFORCING THEIR INTELLECTUAL PROPERTY RIGHTS AND DEFENDING AGAINST IMPROPER ATTACKS. HE HAS EXTENSIVE EXPERIENCE IN PATENT, TRADEMARK, AND TRADE SECRET LITIGATION IN FEDERAL DISTRICT COURTS NATIONWIDE, THE INTERNATIONAL TRADE COMMISSION, AND IN FEDERAL CIRCUIT COURTS OF APPEAL.

As a registered patent attorney, Mark is uniquely skilled in patent infringement litigation in federal court and post-grant proceedings before the United States Patent and Trademark Office. He has litigated patent infringement actions in federal courts across the country and in the U.S. International Trade Commission. Mark also has significant expertise with trademark and trade secret litigation in federal courts, as well as inter partes proceedings before the Trademark Trial and Appeal Board and the Patent Trial and Appeal Board.

Education & Admissions

Brigham Young University (J.D., 2002), cum laude

University of Utah (B.S., 1998)

Admissions

  • Utah
  • United States Patent and Trademark Office
  • U.S. Courts of Appeal for the Ninth, Tenth and Federal Circuits
  • U.S. District Courts for the Districts of Utah, Colorado, Northern Texas

Clerkships

  • U.S. District Court for the District of Utah, Judge Dee Benson, 2002-2003
  • United States Court of Appeals for the Federal Circuit, Judge Randall Rader, 2003-2004

Experience

Representative Work

CLIENT RESULTS

  • The Burton Corp. v. Smith Sport Optics, Inc., IPR2022-00354, (PTAB 2022): Represented patent co-owners Smith Sports and Koroyd SARL and defeated competitor’s petition for inter-partes review.
  • Instructure, Inc. v. Canvas Tech., Inc., (D. Utah 2022): Represented Instructure in trademark enforcement action relating to the CANVAS trademark; prevailed in obtaining a preliminary injunction stopping the defendant from any further use of the CANVAS trademark.
  • ESIP Series 1, LLC et al. v. doTERRA, LLC et al., (Fed. Cir. 2020): Represented prevailing appellee Puzhen in appeal, obtaining affirmance of summary judgment of non-infringement of competitor’s patent rights.
  • Wing Enterprises, Inc. v. Tricam Industries, Inc. (Fed. Cir. 2020): Represented plaintiff-appellant Wing Enterprises in appeal of adverse summary judgment in false advertising case, obtaining reversal of the district court’s judgment.
  • Simio, LLC v. FlexSim Software Products, Inc. (Fed. Cir. 2020): Represented defendant-appellee FlexSim Software in appeal of district court dismissal of competitor’s patent infringement claims, obtaining affirmance of judgment finding asserted patent claims ineligible under 35 U.S.C. § 101.
  • ESIP Series 2, LLC v. Puzhen Life USA, LLC, 958 F.3d 1378 (Fed. Cir. 2020): Represented Puzhen in IPR proceeding and appeal, successfully cancelling competitor’s asserted patent claims relating to diffuser technology.
  • Hydro Engineering, Inc. v. Petter Investments, Inc., (D. Utah 2017): Represented Hydro Engineering in trade secrets jury trial against rival competitor, obtaining $5 million verdict.
  • Honeywell v. The Code Corp, (ITC 2018): In a patent infringement case involving remote bar code scanning technology, represented defendants in defending against allegations of infringing 6 patents, resulting in a mutually agreeable settlement.
  • Parah, LLC and Ozonics, LLC v. MoJack Distributors, LLC (D. Kan 2018): Represented patent owner in enforcement actions against an infringing competitor; successfully obtained a preliminary injunction, which ultimately led to a settlement resolution including a court-ordered permanent injunction.  
  • Vita-Mix, Inc. v. Blendtec, Inc., (N.D. Ohio 2017): Represented Blendtec in defending against allegations of patent infringement from competitor; achieved summary judgment of non-infringement resulting in dismissal of the case.
  • Petter Investments, Inc. v. Hydro Engineering, Inc., (D. Utah 2015): Represented Utah company accused of infringing three patents owned by competitor as well as false advertising and unfair competition claims; successfully obtained summary judgment of no infringement on all three patents and dismissal of all other claims.
  • Bridgestone Americas Tire Operations, LLC v. Bridgeport-Schrader et al, (D. Delaware 2015): In a patent infringement case involving remote tire pressure monitoring technology, successfully obtained a jury verdict of non-infringement on behalf of the defendants against a plaintiff financed by one of the world's largest NPEs.
  • Lens.com, Inc. v. 1-800 CONTACTS, Inc., 686 F.3d 1376 (Fed. Cir. 2012): Represented 1-800 CONTACTS, Inc. on appeal, where cancellation of competitor's trademark registration was affirmed.
  • 1-800 CONTACTS, Inc. v. Lens.com, Inc., 722 F.3d 1229 (10th Cir. 2012): Represented 1-800 CONTACTS, Inc. on appeal in a trademark infringement action, obtaining partial reversal of adverse summary judgment.
  • K-TEC, Inc. v. Vita-Mix Corp., 696 F.3d 1364 (Fed. Cir. 2012): Represented K-TEC, Inc. on appeal in a patent infringement action, obtaining affirmance of $24 million judgment. Jury's willful infringement verdict was affirmed.
  • K-TEC, Inc. v. Vita-Mix Corp., (D. Utah 2010): Represented K-TEC, Inc., in a patent infringement suit against Vita-Mix Corporation, and won a willful infringement verdict after a 9-day jury trial, and successfully defended the verdict on appeal.
  • Petter Investments v. Hydro Engineering, (W.D. Mich. 2009): Represented Hydro Engineering in a case involving cross-claims for patent infringement, and won summary judgment in Hydro's favor on all issues.
  • Reexamination Control Nos. 95/000,228, 95/000,339: Represented the patent owner to defend the validity of two patents. All claims in each patent were confirmed valid without amendment.
  • Reexamination Control No. 95/001,016: Represented a third party requester challenging the validity of its competitor's patent. All claims in the patent were cancelled.
  • Primos, Inc. v. Hunder's Specialties, 451 F.3d 841 (Fed. Cir. 2006): Represented Primos, Inc. on appeal in a patent infringement action. The jury's willful infringement verdict was affirmed.

News & Resources

News & Press Mentions

Dorsey Attorneys Recognized for Intellectual Property Strength by 2024 IP Stars
201 Dorsey Lawyers Recognized in 2025 Best Lawyers in America, Lawyers of the Year, and Ones to Watch
Super Lawyers Recognizes 17 Dorsey Attorneys in Boise, Missoula, and Salt Lake City
Dorsey & Whitney Recognized Among World’s Leading Patent Firms in IAM Patent 1000
Chambers USA 2024 Recognizes Dorsey Lawyers and Practices
17 Dorsey Lawyers Recognized by Benchmark Litigation
200 Dorsey Lawyers Selected for Inclusion in 2024 Best Lawyers in America, Lawyers of the Year, and Ones to Watch
Super Lawyers Recognizes 16 Dorsey Attorneys in Boise, Missoula, and Salt Lake City
IAM Patent 1000 Recognizes 20 Dorsey Attorneys in World’s Leading Patent Professionals 2023
21 Dorsey Attorneys and Four Practices Recognized in 2023 Utah Legal Elite
Dorsey Attorneys and Practices Recognized for Intellectual Property Strength by 2023 IP Stars
Chambers USA 2023 Recognizes 23 Dorsey Lawyers and Four Practices in Salt Lake City
Chambers USA 2023 Recognizes Dorsey Lawyers and Practices
Utah 2023 Legal Elite
Chambers USA 2022 Recognizes Dorsey Lawyers and Practices
Seventeen Dorsey Attorneys Named to Utah ‘Legal Elite’
18 Dorsey Lawyers Recognized by Benchmark Litigation
Super Lawyers Recognizes 16 Dorsey Attorneys in Salt Lake City
IAM Patent 1000 Recognizes 13 Dorsey Attorneys in World’s Leading Patent Professionals 2021
Seventeen Dorsey Attorneys Ranked as Managing Intellectual Property 2021 IP Stars
Twenty-three Dorsey Attorneys Named to Utah Legal Elite
Benchmark Litigation Recognizes 17 Dorsey Lawyers
Managing Intellectual Property Ranks Sixteen Dorsey Attorneys as 2020 IP Stars
IAM Patent 1000 Recognizes 13 Dorsey Attorneys in World’s Leading Patent Professionals 2020
Super Lawyers Recognizes 21 Dorsey Attorneys in Salt Lake City

Industries & Practices

  • Appellate
  • Energy & Natural Resources
  • Food, Beverage & Agribusiness
  • Healthcare & Life Sciences
  • Intellectual Property
  • Intellectual Property Litigation
  • Mining
  • Patent Prosecution & Strategy
  • Technology
  • Trademark, Copyright + Advertising

Professional & Civic

Professional Achievements

  • Utah State Bar, Member
  • Federal Circuit Bar Association, Member

Accolades

Chambers USA 2024 Dorsey LogoChambers USA 2023Chambers 2022Chambers USA 2021 Contributed 100+ Pro Bono Hours in 2020

  • Named a Best Lawyers® Lawyer of the Year, Trade Secrets, 2023
  • Named one of “America’s Leading Business Lawyers” by Chambers USA (Intellectual Property), 2021-2024
  • Recognized in IAM Patent 1000 - World's Leading Patent Practitioners, 2019-2024
  • Listed in The Best Lawyers in America©
    • Litigation – Intellectual Property, 2015-2016, 2018-2022, 2025
    • Patent Law, Trademark Law, and Trade Secrets Law, 2016, 2018-2025
  • Recognized as an “IP Star” by Managing Intellectual Property Handbook, 2018-2024
  • Listed in Mountain States Super Lawyers®, IP Litigation, 2017-2024
  • Recognized as a "Future Star", Benchmark Litigation, 2018, 2021-2022, and 2024
  • Listed in Utah Legal Elite, Intellectual Property, Utah Business Magazine, 2020-2021
  • Contributed more than 100 Challenge pro bono hours, 2020
  • Listed in Mountain States Super Lawyers®, IP Litigation, Rising Star, 2008, 2010-2013
  • Listed in Top 40 Under 40, Utah Business Magazine, 2012
Mark Miller