Matthew N. Miller

Intellectual Property & Business Attorney  Portland, OR

 
 
 

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Attorney Bio.

Matthew N. Miller is a registered patent attorney who prosecutes patents and trademarks before the U.S. Patent and Trademark Office, and carries litigation experience covering a wide scope of topics such as utility and design patents, unfair competition, contracts, fraud, and constitutional rights—including before the U.S. Supreme Court. As a member of the Res Nova Law team, Matt helps his clients secure and protect their intellectual property rights, resolve business disputes, and skillfully navigate each stage of litigation.

Outside the office, you’ll find Matt with his wife and three young children, searching for hills on his road bike, and contemplating design.


Admissions:

  • U.S. Patent and Trademark Office
  • U.S. Supreme Court
  • U.S. Court of Appeals for the 8th Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Federal Claims
  • State Courts of Oregon
  • State Courts of Washington
  • State Courts of New York
  • State Courts of Arkansas
  • U.S. District Court for the District of Oregon
  • U.S. District Court for the Western District of Washington
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Eastern District of Arkansas
  • U.S. District Court for the Western District of Arkansas

 

Civic & Professional Involvement:

  • American Bar Association, Committee on Industrial Design – Member
  • Oregon Patent Law Association – Member
  • AIGA, the Professional Association for Design – Member and Copyeditor (2016 to present)
  • Scribes, the American Society of Legal Writers – Associate (current)

 

Recent Presentations:

  • The Road to Markman: Claim Construction in Patent Litigation
    • Oregon Paralegals Association (April 18, 2018)

Education & Awards:

  • J.D. magna cum laude – University of Arkansas School of Law (2007)
    • Editor of Arkansas Law Review
  • M.S. in Biology – Missouri State University (2003)
  • B.S. in Biology with a minor in Chemistry – Missouri State University (2000)
    • Missouri Valley All-Conference in Swimming

 

Representative Cases:

Arkansas Game & Fish Commission v. United States, 133 S. Ct. 511 (2012) (Ginsburg, J. for 8-0 Court) and favorable trial judgment affirmed on remand, 736 F.3d 1364 (Fed. Cir. 2013)

  • Served as a close member of the outside appellate team with counsel in Arkansas and in-house counsel, winning a unanimous decision from the U.S. Supreme Court reversing an adverse decision by the Federal Circuit Court of Appeals. Lead counsel had won a $5+ million judgment for taking the Commission's wildlife habitat and timber by flooding under the 5th Amendment. On remand from the Supreme Court, the Federal Circuit then affirmed (3-0) the Court of Federal Claims' trial judgment. (Matt represented the plaintiff with lead counsel in Arkansas and in-house counsel).

Udoxi Scientific, LLC v. Precision Extraction Corporation, D. Or. 2017

  • Negotiated agreed constructions on all disputed patent claim terms, representing patent owner asserting infringement claims for both systems and methods centered on technology for extracting oils from plants. (Matt represented the plaintiff/patent owner with additional counsel).

Precision Extraction Corporation v. Udoxi Scientific, LLC, E.D. Mich. 2017

  • Secured dismissal because the Michigan federal court lacked personal jurisdiction over Oregon defendant for accused patent infringer’s claims that client’s patents were invalid and not infringed, and that client’s patent assertion amounted to unfair competition. (Matt represented the defendant/patent owner with additional counsel in Michigan).