New England IP Blog

Covering intellectual property developments in New England, and other developments that impact New England companies.

Micah Miller

Micah Miller

Associate

Micah W. Miller is an associate in the Litigation Department and a member of the Intellectual Property and Patent Law Groups. Micah’s practice focuses on obtaining and protecting intellectual property rights.

Micah represents clients before the U.S. Patent and Trademark Office and assists clients in obtaining patent rights abroad. He has helped clients protect a broad range of technologies, including computer hardware, software, computer storage, data compression, e-commerce, computer graphics, medical diagnostic devices, solar cells, machine vision, mass spectrometry, and semiconductor processing and defect analysis.

Subscribe to all posts by Micah Miller

Need for Illumination of Maximum Recovery Rule Warrants Interlocutory Appeal

Chief Judge Patti B. Saris of the District of Massachusetts recently issued an order paving the way for the Trustees of Boston University to seek an interlocutory appeal to clarify the Maximum Recovery Rule for remittitur. Back in November 2015, a jury awarded BU lump-sum damages of $9,300,000 from Epistar and $4,000,000 from Everlight after finding Epistar … Continue Reading

Lights Out for Invalidity and Unenforceability Counterclaims After PTAB Invalidates Design Patent

Flipping the switch on the last remaining claims in the case, a Massachusetts Court recently dismissed as moot two defendants’ counterclaims for declaratory judgment of invalidity and unenforceability following a PTAB decision invalidating the asserted patent. In 2013, Maureen Reddy sued defendants Lowe’s and Evolution Lighting for infringement of U.S. Design Patent No. D677,423, alleging … Continue Reading

Sensor Maker Cannot Shake Infringement Suit on Summary Judgment

A New Hampshire District Court recently denied defendant sensor makers’ attempt to tilt the case in their favor by denying summary judgment of invalidity and non-infringement. SignalQuest asserted three patents relating to tilt and vibration sensors against the defendants. During the case, the U.S. Patent Office instituted ex parte reexaminations for each of the patents, … Continue Reading

Tangle Between Hair Care Companies Stayed Pending IPR

Days after the PTAB instituted Inter Partes Review (IPR), Judge Alvin Thompson in the District of Connecticut has stayed a case between Conair and Tre Milano. Conair sued Tre Milano in October 2014, for infringing U.S. Patent No. 8,651,118, which relates to a hair styling device. On February 2, 2015, Tre Milano filed a petition … Continue Reading

Connecticut Court Possesses Personal Jurisdiction Over “Demonologist” Publisher

In the District of Connecticut, an out of state publisher with no alleged direct contacts with Connecticut recently lost its bid to have a case against it dismissed for lack of personal jurisdiction. Gerald Brittle sued Lorraine Warren, Tony Spera, and Graymalkin Media, LLC for copyright infringement and tortious interference with a contract or business … Continue Reading

Browsewrap Agreement Wraps up Copyright Infringement Case for Defendant

Those rarely-read “Terms and Conditions” on websites can have real teeth. In a case suggesting that posters beware, a District of Massachusetts court recently concluded that a website’s Terms and Conditions caused ownership of the copyrights in a user’s posts to transfer to the website’s operator, despite no evidence that the user actually read and … Continue Reading

Google Remains on the Hook After Summary Judgment Denied

Judge Rya W. Zobel’s recent decision denying a set of Google’s summary judgment motions has cleared the way for trial. Skyhook initially sued Google for infringement of thirteen patents. Currently, eight patents remain at issue: U.S. Patent Nos. 7,433,694 (the “’694 patent”); 7,474,897 (the “’897 patent”); 7,856,234 (the “’234 patent”); 8,031,657 (the “’657 patent”); 8,054,219 … Continue Reading

Protegrity’s “Bare Bones” Allegations Result in Dismissal, Again

In yet another case in the District of Connecticut, Protegrity has seen its claims for indirect and willful infringement dismissed because, according to the court, its complaint did not plead sufficient facts. District Judge Robert Chatigny granted AJB Software’s motion to dismiss, agreeing with AJB that the “bare bones” allegations in Protegrity’s complaint were insufficient … Continue Reading

Pre-Litigation Correspondence Does Not Secure Personal Jurisdiction

Plaintiffs considering bringing suit in the District of Connecticut take heed: “Plaintiffs cannot vest a Connecticut court with personal jurisdiction over a person simply by hurling an accusation of patent infringement across the country at that person and then receiving responses in Connecticut,” according to a recent order from Judge Shea.  To provide some background, … Continue Reading

No Need to Wait to Stay: Epicor Obtains Litigation Stay After Requesting Covered Business Method Review

There is no need to wait for the Patent Office to institute a review.  According to a recent order from Magistrate Judge Margolis in the District of Connecticut, the district court may stay a patent litigation as long as the defendant has filed a petition at the Patent Office requesting a patent validity review under the … Continue Reading

A Trademark Licensor Is Not Its Licensee’s Keeper

It appears Oban’s case against Nautilus now has no pulse.  In a recent opinion in Oban US, LLC v. Nautilus, Inc. and Sports Beat, Inc., Judge Arterton granted Nautilus’ motion to dismiss Oban’s claims against Nautilus for contributory trademark infringement, vicarious copyright infringement, trade dress infringement, and unfair competition under the Lanham Act and “unspecified” state … Continue Reading

No Pay Day for Protegrity’s Indirect Infringement Claims in Paymetric Case

When it comes to pleading indirect and willful infringement, complaints short on facts can be short-lived.  In Protegrity Corporation v. Paymetric, Inc., District Judge Vanessa L. Bryant granted Paymetric’s motion to dismiss Protegrity’s claims for contributory infringement, inducement of infringement, and willful infringement.  Paymetric did not challenge the sufficiency of Protegrity’s pleading for direct infringement. … Continue Reading

Motion to Amend Infringement Contentions Denied Based on Futility

District Judge Nathaniel Gorton denied a plaintiff’s motion for leave to amend its infringement contentions, finding the amendments, if allowed, would be “futile.” This eventful case involves Amphastar Pharmaceuticals’ alleged infringement of Momenta Pharmaceuticals’ patent covering procedures related to an anticoagulant drug marketed as Lovenox (generically known as enoxaparin). Momenta filed suit in September, 2011, days after … Continue Reading
LexBlog