Zachary D. Miller
Zachary D. Miller is a trial attorney who focuses his practice on intellectual property litigation and has experience practicing in federal district courts, with an emphasis on patent and trade secret disputes in federal district courts and before the US International Trade Commission (ITC). Leveraging his chemical engineering background, Zach represents clients across the life sciences and technology sectors, including matters involving pharmaceuticals, biologics, medical devices, semiconductors, software, computers, consumer electronics, and industrial technologies. In numerous jury trials and ITC evidentiary hearings, he develops technical case strategy, prepares and examines fact and expert witnesses, and explains complex technologies for judges and juries.
Zach has experience in every stage of litigation—from pre-filing investigations through discovery, dispositive motions, trial, post-trial proceedings, and appeal. He has courtroom experience in both federal district courts and the ITC, including direct and cross-examinations of fact and expert witnesses in patent and trade secret, trademark, and copyright matters. For example, Zach recently represented a respondent in a Section 337 investigation before the ITC involving allegations of trade secret misappropriation and conversion related to botulinum toxin products. Zach directed and cross-examined key expert witnesses at trial, resulting in a final determination of no violation and paving the way for the client to enter the US market. Zach also recently represented a pharmaceutical company in a district court jury trial involving treatments for rare genetic disorders. Zach cross-examined both technical and damages expert witnesses at trial, eliciting critical testimony in support of the client’s case.
In addition to his litigation practice, Zach counsels clients on patentability, validity, freedom-to-operate, and intellectual property strategy, and has experience with patent and trademark opinion work, prosecution, and due diligence in support of mergers and acquisitions. Zach maintains an active pro bono practice assisting authors, artists, musicians, and nonprofit organizations in obtaining and protecting their intellectual property rights.
Before joining Morgan Lewis, Zach was an associate in the intellectual property practice group of another global law firm. Prior to attending law school, Zach researched high temperature materials, including high-performance polymers and ceramics for use in aerospace and defense technologies.
- Defended a leading Taiwanese manufacturer of personal desktop and laptop computers in the ITC as part of global patent litigation concerning SEPs relating to the H.264, H.265 and AV1 video codecs, and coordinated a concurrent rate-setting action in the UK High Court of Justice
- Represented a pharmaceutical company in a district court proceeding involving treatments for rare genetic disorders; directed and cross-examined witnesses in concurrent jury and bench trials that involved allegations of patent infringement by both parties as well as inequitable conduct defenses
- Represented a manufacturer of C. botulinum toxin in an investigation at the ITC involving trade secret and unfair act allegations; obtained dismissal of the trade secret allegations before the ITC hearing and obtained a final determination of no violation related to the allegations of conversion
- Defended a leading US manufacturer of personal desktop and laptop computers in the ITC as part of global patent litigation concerning SEPs relating to the H.264, H.265 and AV1 video codecs
- Represented an industrial parts company in a patent infringement investigation involving polycrystalline diamond compacts at the ITC and obtained an initial determination finding that the claims were invalid in view of Section 101
- Defended a leading manufacturer of wireless asset tracking technologies in a patent litigation in the US District Court for the Western District of Texas in which the plaintiff asserted infringement of a patent allegedly directed to use of RFID technology concurrently with a second wireless technology; obtained summary judgment of noninfringement; represented the same manufacture in related offensive patent infringement actions at both the ITC and district court
- Represented a medical device respondent in an ITC dispute related to claims of trade secret misappropriation; after a five-day hearing, obtained an initial determination in favor of the client finding no violation of Section 337; after review, the commission entered a final determination of no violation
- Represented a pharmaceutical client at district court and the Federal Circuit in defense of allegations that its brand name prostate cancer treatment infringed three patents; obtained early granting of a motion to dismiss two of the three patents; achieved favorable claim construction rulings that resulted in the plaintiff stipulating to non-infringement of all remaining claims; and achieved dismissal of the plaintiff’s appeal to the Federal Circuit
- Secured judgment as a matter of law after an eight-day jury trial that a pharmaceutical company’s generic heartburn medication did not infringe the asserted patent; obtained affirmance of the non-infringement judgment at the Federal Circuit
- Represented a plaintiff in the District of Delaware related to a pharmaceutical cream for the treatment of bacterial infections. Secured favorable settlement for the client prior to trial
- Defended several pharmaceutical clients in Hatch-Waxman litigation allowing entry of generic products into the market
- Represented a pro bono copyright plaintiff in the Northern District of Illinois. On appeal, client was awarded damages for copyright infringement and attorney fees
- Represented a pro bono copyright plaintiff in obtaining statutory damages and attorney fees on the basis of a pre-trial motion in the Northern District of Illinois
- Duke University, 2014, J.D.
- University of Notre Dame, 2011, B.S., Chemical Engineering, magna cum laude
- Illinois
- US Court of Appeals for the Federal Circuit
- US District Court for the Northern District of Illinois
Listed, The Best Lawyers in America, Ones to Watch, Litigation - Intellectual Property, Chicago (2023–2026)
Member, Practice Group of the Year, Intellectual Property, Law360 (2019, 2024)
Member, Litigation Department of the Year–Intellectual Property, The American Lawyer (2019)
Member, Intellectual Property Law Association of Chicago
Member, American Institute of Chemical Engineers
Duke Forum for Law & Social Change, Senior Executive Editor (2013–2014)
Duke Law & Technology Review (2012–2014)
Member, Tau Beta Pi, Engineering Honor Society