Professional experience
Todd G. Miller is a Principal in the Southern California office of Fish & Richardson P.C. Mr. Miller represents patent litigation clients and specializes in representing clients in the medical device, telecommunication, and software fields. Mr. Miller also has significant experience in patent licensing and the coordination of patent reexamination proceedings with litigation matters. As a former in-house counsel, Mr. Miller brings a pragmatic approach to large litigation matters and works closely with his clients to develop strategies beneficial to both their business and litigation objectives.

Litigation examples

Medical Device
Baxter Healthcare Corp. v. Fresenius Medical Care Holdings, Inc. (N.D. Cal. 2007). Presently defending Fresenius against Baxter’s assertion of nine patents relating to peritoneal dialysis systems.

Fresenius USA, Inc. v. Baxter International, Inc. (N.D. Cal. 2003). Defended Fresenius against Baxter in patent litigation involving hemodialysis systems. Obtained a jury verdict invalidating each of 24 asserted claim of four patents-in-suit. The claims of three of the four patents-in-suit, which were placed into reexamination, have been rejected.

Intuitive Surgical v. Vital Care, Inc. (N.D. Cal 2006). Represented Intuitive Surgical in patent and trademark infringement action involving components for Intuitive’s surgical robotic system. Obtained consent judgment precluding further sales of these infringing components and thereby promptly ensured the continued safety of surgical patients.

Intuitive Surgical, Inc. v. Computer Motion, Inc. (D. Del. 2001). Represented Intuitive Surgical in patent infringement litigation involving surgical robotic systems. Obtained $4.4 million verdict, which set the stage for Intuitive’s acquisition of Computer Motion.

Brookhill-Wilk v. Intuitive Surgical, Inc. (S.D.N.Y. 2000). Defended Intuitive Surgical against patent infringement claims directed to Intuitive’s surgical robotic system. Obtained early ruling of summary judgment of non-infringement.

Computer Motion, Inc. v. Intuitive Surgical, Inc. (C.D. Cal. 2000). Defended Intuitive Surgical against ten patent suit and Section 146 action brought by Computer Motion.

Telecommunications
Litton Systems v. Ericsson (C.D. Cal. 2003). Presently defending Ericsson in ongoing litigation involving Erbium doped fiber optic amplifiers.

Bellcore v. FORE Systems (D. Del. 1999). Defended FORE Systems against six asserted patents relating to telecommunications/networking technology. In one of the National Law Journal’s top defense wins of 2000, obtained summary judgment of non-infringement as to all asserted claims.

Internet
Acacia Media v. New Destiny Internet Group et al. (C.D. Cal 2004). Defended large group of Internet content providers in very widely followed patent infringement litigation involving network transmission of compressed digital audio and video signals. Following claim construction rulings invalidating numerous asserted claims, a multi-district litigation panel joined the Internet litigation with newly filed cases against most major cable and satellite entertainment providers. The case is ongoing.

PeopleWeb v. The Peoples Web, Inc. (N.D. Cal. 2000). Represented PeopleWeb in this and numerous other "typo piracy" Internet domain name/trademark infringement matters.

Software
SRI International, Inc. v. Internet Security Systems and Symantec (D. Del 2004). Represented SRI in litigation involving network security and intrusion detection technology. Case is pending review before the Federal Circuit.

TV Interactive Data Corp. v. Microsoft Corp. (N.D. Cal. 2002). Defended Microsoft in litigation involving the autoplay feature of the Windows operating system. While the case settled before trial, many of the asserted claims were subsequently rejected in concurrent reexamination proceedings before the USPTO.

Mechanical
Typeright Keyboard Corp. v. Microsoft Corp. (S.D. Cal 1998). Defended Microsoft in patent litigation involving the Microsoft Natural® Keyboard.

AEBS LLC v. Golden Eagle Mfg. (S.D. Cal. 2003). Defended Golden Eagle in patent litigation matter involving engine cylinder liners for four cylinder dragsters. Obtained early and favorable settlement for Golden Eagle.

Dimension One Spas, Inc. v. Ouellette (S.D. Cal. 1999). Represented Dimension One in patent infringement litigation involving spa cover lifts. Obtained monetary judgment, enhanced damages, and attorney fees in favor of Dimension One.

Bar admissions
Admitted to the bar in California and to practice before numerous district and appellate courts including the Court of Appeals for the Federal Circuit.
Registered to practice before the United States Patent and Trademark Office.

Additional information
Pro Bono coordinator and Training Director for the San Diego Office of Fish & Richardson. Graduate of National Institute for Trial Advocacy courses in Advocacy Teacher Training, Trial Advocacy, and Deposition Techniques. Extern law clerk to the Honorable David R. Thompson, United States Court of Appeals for the Ninth Circuit. Member, San Diego Law Review.