Zachary D. Miller focuses his practice on intellectual property litigation, with an emphasis in matters under the Hatch-Waxman Act. Zach utilizes his technical background to distill complicated technologies into simple concepts for easy comprehension by judges and juries. He also conducts patent and trademark opinion work, counseling, and prosecution in a wide range of technologies, including pharmaceuticals, medical devices, high-tech, consumer products, and household fixtures, among others.
Zach has experiences in all phases of litigation—from pre-filing investigations and discovery through trial and appeal. He has been involved in patent and copyright infringement trials in several federal district courts, including the Northern District of Illinois and the District of Massachusetts.
Zach uses his litigation experience to counsel clients and prepare opinions regarding patentability of inventions, validity of patents, and freedom-to-operate, as well as performing due diligence assessments to support mergers and acquisitions. He also counsels clients regarding requirements for marking products and product packaging under a variety of federal regulations—including the Fair Packaging and Labeling Act.
Additionally, Zach has cultivated a pro bono practice focused assisting authors, artists, musicians, and nonprofit companies obtain and protect 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 conducted research related to high temperature materials, including high-performance polymers and ceramics for use in aerospace and defense technologies.
Served as trial counsel for defendant in pharmaceutical litigation related to heartburn medication. After an eight-day jury trial, secured judgment as a matter of law that client’s generic heartburn medication did not infringe the asserted patent.
Represented the 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.
Achieved favorable settlements for pharmaceutical defendants in Hatch-Waxman litigation allowing entry of generic products into the market.
Served as counsel and obtained favorable settlement terms for the plaintiff in a breach of contract dispute involving medical research funding agreements relating to the development of gene therapy technology.
Served as trial counsel in the Northern District of Illinois for pro bono copyright plaintiff. On appeal, client was awarded damages for copyright infringement and attorneys’ fees.
Obtained statutory damages and attorneys’ fees for pro bono copyright plaintiff on the basis of a pre-trial motion in the Norther District of Illinois.
Conducted due diligence analysis of intellectual property assets in corporate life science acquisitions, including evaluation of assets in the midst of litigation and post-grant challenges.
Duke University, 2014, J.D.
University of Notre Dame, 2011, B.S., Chemical Engineering, magna cum laude
US District Court for the Northern District of Illinois
Awards and Affiliations
Member, Practice Group of the Year, Intellectual Property, Law360 (2019)
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)