Mark E. Miller

Partner

Mark Miller is a partner in O’Melveny’s San Francisco office and a member of the Intellectual Property and Technology Practice within the Litigation Department.  Mark dedicates his practice exclusively to intellectual property matters, with a particular emphasis on representing prominent technology companies in patent and technology-related litigation.  Mark has led litigation teams in numerous patent matters, including patent infringement and patent ownership disputes, in US Federal District Courts and in Section 337 investigations before the US International Trade Commission.  With a degree in physics, Mark’s technical ability and experience spans a wide-variety of fields including:  computer architecture and microarchitecture; microprocessors and other semiconductor devices (including graphics controllers, flash memory, programmable logic, FPGAs, switching power converters, and CCDs); analog circuits and devices; electronic design automation (EDA) tools; semiconductor fabrication processes and equipment; and communications and network systems (including wireless and internet based systems).

From start-ups to multi-national conglomerates, Mark also handles trade secret misappropriation matters and trademark litigation, including trademark actions before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office, and provides counseling on intellectual property relating to obtaining, protecting, enforcing or licensing intellectual property — including patents, trademarks, copyrights and trade secrets — both domestically and worldwide.  Clients particularly turn to Mark for strategic counseling, assistance with technology transfer agreements, and strategic trademark counseling and prosecution.  Mark provides counseling, for example, on trademark and trade name availability, asserting and defending trademark infringement, developing and managing trademark portfolios, trademark litigation, and prosecuting applications for trademark registrations, both foreign and domestic.

Mark has been recognized specifically for his trade secret and intellectual property work by Legal 500 and named a “Super Lawyer” in the field of Intellectual Property Litigation in a survey conducted by Law & Politics Media Inc. and published in San Francisco Magazine.

Professional Activities

Admitted to Practice,  US District Court, Northern, Eastern, Central, and Southern Districts of California, District of Colorado, District of Columbia; US Court of Appeals, Federal, Ninth, and District of Columbia Circuits; US Supreme Court
Registered to Practice,  US Patent & Trademark Office
Author,  Chapter "Lawyer's are a Client's Best Weapon," Patent Litigation and Dispute Resolution (Aspatore, 2008); "Patent Litigation Before the International Trade Commission and its Effectiveness," Practicing Law Institute, November 1992
Co-author, "Likelihood of Confusion?—Three Areas of Uncertainty in Trademark Law," IP Litigator (September/October 2010); “DOJ, FTC Redefine Antitrust Rules on Patent Pools,” National Law Journal (October 29, 2007)
Member,  American Bar Association; American Intellectual Property Law Association; Association of Trial Lawyers of America; San Francisco/Bay Area Intellectual Property Inn of Court; Sigma Pi Sigma (National Physics Honor Society)