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Laura Beth Miller

Practice Summary

Laura Beth Miller is a shareholder at Brinks Hofer Gilson & Lione, where she chairs the ITC practice group and is a member of the firm's litigation practice group. She is a skilled trial attorney with experience in intellectual property law, as well as antitrust and commercial litigation. She focuses her practice on district court litigation and ITC proceedings. Her non-litigation experience includes counseling clients in trademark clearance and use, copyright, patent, trade secret, antitrust and licensing matters. Her experience spans into areas of technology including chemistry, biotechnology, Internet (computer) and mechanical arts.

In addition to representing major Fortune 500 companies in patent and trademark matters, she is an adjunct professor at The John Marshall Law School. She received her B.A. from the University of Virginia and her J.D. from The College of William and Mary Marshall Wythe School of Law. She is licensed to practice before the United States Supreme Court, the Supreme Court of Illinois and the United States Patent and Trademark Office, as well as numerous federal courts. She has been recognized as one of Illinois' leading intellectual property lawyers by Chambers USA, and has been named a Leading Intellectual Property Lawyer and one of the Top 50 Women Business Litigation Lawyers in Illinois by the Leading Lawyers Network. She is a member of AIPLA, ITC Trial Lawyers Association, Intellectual Property Owners Association, National Association of Women Lawyers and the Women's Bar Association of Illinois.

Honors/Distinctions
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  • Best Lawyers in America, 2010
  • Chambers USA: America’s Leading Lawyers for Business, Illinois IP Lawyers, 2004-2009
  • Illinois Super Lawyers, Intellectual Property Litigation, 2005-2010
  • Illinois Super Lawyers, Top 50 Female Attorneys, 2007-2008
  • Leading Intellectual Property Lawyer, Leading Lawyers Network, Law Bulletin Publishing Company, 2004-2007, 2009
  • Leading Lawyers Network, Top 50 Women Business Lawyers in Illinois, 2007
  • Leading Lawyers Network, Top 100 Women Business Lawyers in Illinois, 2009
Representative Matters
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  • Eaton Corporation v. ZF Meritor LLC, ArvinMeritor, Inc. and ZF Friedrichshafen AG, No. 03-74844 (E. D. Mich., Oct. 3, 2008). Subject: Jury trial regarding infringement of one patent and invalidity of two patents relating to automated mechanical transmissions. Resolution: Unanimous jury verdict for our clients, the defendants, on all issues.
  • Alpine Electronics, Inc. v. Honeywell International, Inc., No. 07-3458-CAS (C.D. Cal., October 29, 2007) and related International Trade Commission proceeding. Subject: Declaratory judgment action by our client, Alpine, asserting non-infringement and invalidity of 14 patents Honeywell asserted against automobile navigation systems. Resolution: Settled on favorable terms prior to final hearing before ALJ.
  • Alticor Inc., Amway Corp. and Quixtar Inc. v. NCR Corp., (W.D. Mich.). Subject: Represented defendants in a patent infringement action involving web-based technology. Resolution: Case settled on favorable terms.
  • In the Matter of Certain Automated Mechanical Transmission Systems for Medium-Duty and Heavy-Duty Trucks, and Components Thereof, No. 337-TA-503 (U.S. Int'l Trade Comm'n, January 10, 2006). A ten-day hearing on the merits resulted in a Commission ruling in favor of our clients on all but one claim of one patent. Our clients designed around the one remaining claim. Enforcement proceedings were resolved in favor of our clients after a two-day hearing on the merits. The Commission ruled that the clients' redesigned system did not infringe and that the clients acted in good faith in continuing to import the redesigned unit.
  • Constellation IP, LLC v. Marriott Int'l, Inc., et al., No. 9 :06 CV-162 (E.D. Texas). Subject : Complaint alleging infringement of plaintiff's patent for computer generated presentation system through use of client's website. Resolution: Case settled.
  • Quixtar Inc., et al. v Eric Scheibeler (M.D. Pa.).  Subject: Represented the plaintiffs in an action charging defendant with defamation and tortious interference with contractual relations. Resolution: Case settled.
  • Encyclopedia Britannica, Inc. v. Alpine Electronics of America, Inc., et al., No. A05 CA 359 LY (W.D. Texas). Subject: Complaint alleging infringement of plaintiff's patents for search systems of multimedia databases based on client's navigational systems. Resolution: Case on appeal following summary judgment in favor of our client.
  • Drive Financial Services, L.P. v. Progressive Casualty Ins. Co., No. 6-04-CV-558-LED (E.D. Tex.) and Progressive Casualty Insurance Company v. Drive Financial Services, L.P., No. 1:05CV665 (N.D. Ohio). Subject: Alleged infringement of DRIVE trademark and various related trademarks and companion declaratory judgment action. Resolution: Cases settled on confidential terms.
  • NeoMedia Technologies, Inc. v. Virgin Entertainment Group, Inc., et al., No. 04 C 00021. Subject: Complaint alleging infringement of plaintiff's patents for automatically accessing remote websites through use of secure machine-readable codes. Resolution: Case settled after invalidity contentions and claim construction briefs submitted.
  • In the Matter of Certain Home Vacuum Packaging Machines, Inv. No. 337-TA-496 (United States International Trade Commission). Subject: Complaint seeking temporary and permanent exclusion order precluding the entry and importation of defendants' vacuum sealing machines. Resolution: Request for temporary exclusion order denied as against our client. This case, and companion district court case, Tilia International, Inc. v. The Rival Company, Case No. C 03-0263 SI, settled after temporary exclusion order denied.
  • Nitro Distributing, Inc. et al. v. Alticor Inc., et al., Case No. 03-3290-CV-S. (W.D. Mo.). Subject: Complaint alleging that defendants have engaged in anticompetitive activities in violation of sections 1 and 2 of the Sherman Act and in violation of state causes of action. Resolution: Case on appeal after summary judgment granted in favor of our clients.
  • Fix-A-Dent, Inc. v. Qwikway Dent Technology, Inc., et al., Case No. 04C-7490 (N.D. Ill.). Subject: Alleged infringement of FIX-A-DENT mark by virtue of supplier's alpha-numeric phone number. Resolution: Case settled.
  • Charles E. Hill & Associates, Inc. v. Amazon.com, et al., Case No. 1:03-CV-0263 (E.D. Texas). Subject: Complaint alleging that defendants' Internet based product offerings infringe plaintiff's patents concerning electronic catalogs. Resolution: Case settled on confidential terms.
  • eSpeed, Inc., et al. v. Board of Trade of the City of Chicago, et al., No. 3:99-CV-1016-M (N.D. Texas). Subject: Patent infringement action asserted against defendants' electronic trading systems. Resolution: Case settled before trial through process of voluntary mediation.
  • Holcomb Healthcare Services, LLC, et al. v. Nikken, Inc., et al., No. 3:99-0543 (M.D. Tenn.). Subject: Represented patentee and exclusive licensee in atent infringement and false advertising asserted against defendant's magnetic therapy products and related comparative advertising. Resolution: Case settled on confidential terms.
  • Manitowoc Foodservice Group, Inc., and Manitowoc Ice, Inc. v. Whirlpool Corporation, et al., No. 99-C-1435. Subject: Represented patentee in complaint for patent infringement based defendant's manufacture and sale of a microprocessor-controlled self-cleaning ice maker. Case settled on confidential terms.
  • Kolody v. Simon Marketing, Inc., et al., No. 97 C 0190 (N.D. Ill). Subject: Complaint alleging copyright infringement. Resolution: Resolved on summary judgment in favor of client.
  • Yesmail, Inc. v. Mail Abuse Prevention System, LLC, No. 00 C 4245. Subject: Tortious interference with contractual relationship, business disparagement, defamation arising from Internet-related activities.
  • Quixtar Investments, Inc. v. Seifert, No. 1:99 CV 614. Subject: Trademark complaint seeking declaratory judgment of non-infringement.
  • Quixtar Investments, Inc. v. Motto Enterprise and Eric Motto, No. 1:00 CV 54. Subject: Complaint alleging trademark infringement, dilution, and unfair competition.
  • Yesmail.com v. Internet Marketing Group, Brett Enright and Mark Ellis, No. 00 C 0851. Subject: Complaint alleging computer abuse, spamming, tortious interference with business relationships.
  • USX Corporation d/b/a U.S. Steel v. U.S. Steel, Inc., No. 99 2186 JWL. Subject: Complaint alleging trademark infringement, dilution, unfair competition.
  • Quixtar, Inc. v. Smith, No. 1:99 CV 426. Subject: Complaint alleging trademark infringement and related causes of action based on defendant's Internet website and domain name.
  • Quixtar Investments, Inc. v. Ford, No. 1:99 CV 676. Subject: Complaint alleging trademark infringement and related causes of action based on defendant's Internet website.
  • Quixtar Investments, Inc. v. Van Dusen, No. 1:99 CV 673. Subject: Complaint alleging trademark infringement and related causes of action based on defendant's Internet website and domain name.
  • Quixtar Investments, Inc. v. Reeves, No. 1:99 CV 677. Subject: Complaint alleging trademark infringement and related causes of action based on defendant's Internet website.
  • Quixtar Investments, Inc. v. Leger, No. 1:99 CV 680. Subject: Complaint alleging trademark infringement and related causes of action based on defendant's Internet website and domain name.
  • Quixtar Investments, Inc. v. Brown and Xamo Entertainment, Inc., No. 1:99 CV 891. Subject: Complaint alleging trademark infringement and related causes of action based on defendant's Internet website and domain name.
  • Navistar International Transportation Corp. v. Freightliner Corp., No. 96 C 6922. Subject: Complaint alleging trademark infringement and unfair competition. Reported at 52 USPQ 2d 1074(1998); related decisions at 49 USPQ 2d 1108 and 49 USPQ 2d 1116.
  • Navistar International Transportation Corporation v. Freightliner Corp., et al., No. 97 C 3792 (N.D. Ill.). Subject: Complaint alleging false and misleading advertising.
  • Loctite Corp. v. TSV Adhesive Systems, Inc., (Ill.Cir.Ct. 1996). Subject: Misappropriation of trade secrets.
  • Pharmanutrients USA, Inc. v. Jiangyin Brother Indus. Co. d/b/a Blue California, No. 97 C 2101 (N.D. Ill.). Subject: Complaint alleging patent infringement and false advertising.
  • Bradshaw v. Igloo Products Corp., 912 F. Supp. 1088 (N.D. Ill.), aff'd in part No. 96-1199 (Fed.Cir. 1996). Subject: Complaint alleging patent infringement. The Federal Circuit affirmed the district court's summary judgment in favor of Igloo on the issue of no literal infringement, and remanded for further consideration of the issue of non-infringement under the doctrine of equivalents. On remand, the district court, again on summary judgment, found no infringement under the doctrine of equivalents. That decision was subsequently affirmed on appeal.
  • Berg v. Anderson, et al., No. 95 C 1664 (N.D. Ill. 1995). Subject: Right of publicity claim by model against photographer and trading card company.
  • Walter Raczynski Prod. Design v. International Business Machines Corp., No. 94 C 1542 (N.D. Ill.).  Subject: Breach of contract, fraud and violation of the Illinois Consumer Fraud and Deceptive Trade Practices Act.
  • Finite Hone, Inc., et al. v. Accu-Cut Diamond Tool Co., No. 94-CV-0682 (Wisc.).  Subject: Declaratory judgment for misappropriation of trade secrets.
  • Wren v. Shapiro, No. 95 COEB J 62(1995). Subject: Election law.
  • Curran v. Uniroyal Goodrich Tire Co., (Ill. Cir. Ct.). Subject: Defective tire claims.
  • Dilling v. Sergio, 263 Ill App. 3d 191, 635 N.E. 2d 590 (1st Dist. 1994). Subject: Breach of contract.
  • LaSalle Scientific Medial Laboratory, Ltd. v. Biogenetics Ltd., No. 94-1492 (1st Dist. 1994). Subject: Breach of contract.
  • Jones v. Phipps, 1993 U.S. Dist. LEXIS 148 (N.D. Ill. 1993), 1993 U.S. Dist. LEXIS 11346 (N.D. Ill. 1993), 39 F. 3d 158 (7th Cir. 1994). Subject: RICO, conversion, fraud, and breach of fiduciary and contractual obligations.
  • Clark Roofing Co. v. Bruce, AAA Arbitration (July, 1991). Subject: Sale representative agreement.
  • Hybritech, Inc. v. Abbott Laboratories, 849 F. 2d 1446 (Fed.Cir. 1988). Subject: Handled stay pending appeal after entry of preliminary injunction standards. Decision: Entry of a preliminary injunction order was stayed pending appeal.
  • People v. Frisby, 160 Ill App. 3d 19, 512 N.E.2d 1337(1st Dist. 1987, modified 1988). Subject: Home invasion (criminal law).
  • Chicago Assoc. of Comm. and Ind. v. City of Chicago, No. 86 CH 00531. Subject: Chicago Commercial Tax Ordinance.
Publications
Feature Profiles
Published Articles
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  • "Finding A Common Language With Clients In Patent Litigation: Discussion Points for Foreign Clients and their U.S.-Based Counsel," co-author, American Intellectual Property Law Association, January 2008
  • "ITC Growing As a Forum for IP Disputes," co-author, Intellectual Property Litigation Newsletter (American Bar Association 2007)
  • "337 Actions Before The International Trade Commission," co-author, International Trade Commission Basics (ICLE 2007)
  • "Enforcing and Defending Against Patent Rights Through Litigation," anticipated publication date 2005 as part of an ICLE publication on intellectual property
  • "Copyright Law in the Digital Age," co-author, Business, Law and the Internet: Essential Guidance For You, Your Clients and Your Firm, ICLE, 2002
  • "IP: Trademarks/Unfair Trade Practices," co-author, Business Law and the Internet: Essential Guidance For You, Your Clients and Your Firm, ICLE 2002
Presentations
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  • "Special Considerations in Creating Working Relationships with a Foreign Company," 2008 AIPLA Mid-Winter Institute, Phoenix, AZ, January 23, 2008
  • "Declaratory Judgment Actions and Injunctions for Patent Infringement in the U.S.," Brinks Hofer Gilson & Lione Seminar, Chicago, November 1, 2007
  • "KSR and Other Recent Caselaw: What is the Impact on Internet Patents?" Brinks Hofer Gilson & Lione Seminar, Chicago, August 1, 2007
  • "International Trade Commission Basics," ICLE Seminar, April 13, 2007
  • "Recently Acquired IP Assets: Maximizing Value and Minimizing Risks," Brinks Hofer Gilson & Lione Seminar, Chicago, July 11, 2006
  • "Recently Acquired IP Assets: Maximizing Value and Minimizing Risks," Brinks Hofer Gilson & Lione Seminar, Chicago, June 29, 2006
  • "What You Need to Know to Get a Patent," Intellectual Property Law Association of Chicago and Chicago Public Library, Chicago, May 18, 2006
  • "Doing Business on the Internet – Patent Considerations," Panelist, Update on Intellectual Property Law and the Internet, Brinks Hofer Gilson & Lione Seminar, Chicago, April 18, 2006
  • Moderator, Second Annual Federal Judicial Panel, "From the Bench to the Bar: Discussion of Current Topics in IP Litigation," Chicago, April 2005
  • "International Transactional Study of Industrial Design/Design Patent and Trade Dress Protection," International Intellectual Property Law Symposium, St. Peter's College, Oxford University, 2003
  • "Multimedia, Audiovisual Arts, Cross-Border Ownership and Exploitation," International Intellectual Property Law Symposium, St. Peter's College, Oxford University, 2003
  • "Understanding the Changing Rules of Patent Damages," General Counsel Forum, PriceWaterhouse Coopers, 2003
  • "Legal Technology/Cyberlaw," Lawyer's Workshop, Illinois State Bar Association, 2001
Memberships & Affiliations
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  • American Bar Association
  • American Intellectual Property Law Association
  • Chicago Bar Association
  • Federal Circuit Bar Association
  • Intellectual Property Law Association of Chicago
  • International Trade Commission Trial Lawyers Association
  • International Trademark Association
  • Intellectual Property Owners Association
  • International Trade Commission (ITC) Committee, Litigation and Dispute Resolution Division
  • National Association of Women Lawyers
  • Richard Linn American Inn of Court
  • Women's Bar Association of Illinois
  • Elected Member, Local School Council for Chicago Public Schools
Teaching Experience
  • John Marshall Law School, Chicago, Illinois
    Adjunct Professor, 2005-Present
  • Chicago-Kent College of Law, Chicago, Illinois
    Guest Lecturer, IP Management - ITC Litigation, Spring 2006