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. Mr. Miller 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)
- 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
- 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
- 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
April 14, 2022
October 1, 2021
June 3, 2021
March 17, 2021
October 14, 2020
June 15, 2020
March 18, 2020
June 25, 2019
15 Dorsey Lawyers in Salt Lake City Selected for Inclusion in The Best Lawyers in America 2019 and 2019 Lawyers of the Year
August 15, 2018
May 23, 2018
February 23, 2018
February 22, 2018
February 22, 2018
February 22, 2018
February 22, 2018
Industries & Practices
Energy & Natural ResourcesExplore This Practice View client achievements related to this practice View resources related to this practice
Food, Beverage & AgribusinessExplore This Practice View client achievements related to this practice View resources related to this practice
Healthcare & Life SciencesExplore This Practice View client achievements related to this practice View resources related to this practice
Intellectual Property LitigationExplore This Practice View client achievements related to this practice View resources related to this practice
Patent Prosecution, Portfolio Strategy & ManagementExplore This Practice View client achievements related to this practice View resources related to this practice
Trademark, Copyright & AdvertisingExplore This Practice View client achievements related to this practice View resources related to this practice
- Energy & Natural Resources
- Food, Beverage & Agribusiness
- Healthcare & Life Sciences
- Intellectual Property
- Intellectual Property Litigation
- Patent Prosecution, Portfolio Strategy & Management
- Trademark, Copyright & Advertising
- Named a Best Lawyers® Lawyer of the Year, Trade Secrets, 2023
- Mountain States Super Lawyers®, IP Litigation, 2017-2023
- Listed in The Best Lawyers in America© Litigation – Intellectual Property, 2015-2016, 2018-2022; Patent Law, Trademark Law and Trade Secrets Law, 2016, 2018-2023
- Named one of “America’s Leading Business Lawyers” by Chambers USA (Intellectual Property), 2021-2022
- Benchmark Litigation, Future Star, 2018, 2021-2022
- Recognized in IAM Patent 1000 - World's Leading Patent Practitioners, 2019-2021
- Utah Business Magazine, Utah Legal Elite, Intellectual Property, 2020-2021
- Recognized as an “IP Star” in 2018-2021 by Managing Intellectual Property Handbook
- Contributed more than 100 Challenge pro bono hours, 2020
- Mountain States Super Lawyers®, IP Litigation, Rising Star, 2008, 2010-2013
- Utah Business Magazine, Top 40 Under 40, 2012