Mark Miller

Mark Miller



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)


  • 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


  • 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


Representative Work


  • 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.
  •, 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., 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

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
Twenty-two Dorsey Attorneys Named to Utah ‘Legal Elite’
IAM Patent 1000 Recognizes 12 Dorsey Attorneys in World’s Leading Patent Professionals 2019
Super Lawyers Recognizes 22 Dorsey Attorneys in Salt Lake City
Managing Intellectual Property Ranks Seventeen Dorsey Attorneys as 2019 IP Stars
15 Dorsey Lawyers in Salt Lake City Selected for Inclusion in The Best Lawyers in America 2019 and 2019 Lawyers of the Year
Seventeen Dorsey Attorneys Ranked 2018 IP Stars
IP Hires: BakerHostetler, Dickinson Wright, Dorsey
Dorsey Scores Team Of 10 IP Attys From Holland & Hart
Dorsey Salt Lake City Office Continues to Add Key Talent
Personnel Changes at IP Law Firms, Organizations
Utah Business: People on the Move

Industries & Practices

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

Professional & Civic

Professional Achievements

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


Chambers USA 2021 Contributed 100+ Pro Bono Hours in 2020

  • 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
Mark Miller