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Micah Miller, Nutter McClennen & Fish LLP Photo

Micah W. Miller

Co-Chair, IP Litigation Practice Group / Boston

Overview

Micah W. Miller is a partner in Nutter’s Litigation Department and a co-chair of the firm’s IP Litigation practice group. Micah frequently counsels clients in a variety of industries on their complex IP issues and disputes. With a focus on litigation, he has significant trial experience in patent cases throughout the country, as well as in post grant proceedings before the U.S. Patent Office's Patent Trial and Appeal Board. In and outside of litigation, Micah works with clients to develop IP strategies to advance their business objectives.

Drawing on his background in software engineering, Micah has deep technical experience with a broad range of technologies including:

  • Artificial Intelligence
  • Biotechnology
  • Computer storage and
  • Content delivery networks
  • Data compression and encryption
  • Electrical components
  • GMOs
  • Machine vision
  • Mass spectrometry
  • Medical devices
  • Pharmaceuticals
  • Video encoding

Micah is committed to pro bono work. Working with the Victim Rights Law Center or the Middlesex District Attorney’s Office Domestic Violence Pro Bono initiative, he has assisted several pro bono clients in obtaining abuse prevention orders. He has also represented clients in immigration court and related proceedings before Massachusetts courts and United States Citizenship and Immigration Services.

He currently serves on the Board of Directors of the Massachusetts Appleseed Center for Law and Justice, which promotes equal rights and opportunities by developing and advocating for systemic solutions, and Lawyers for Civil Rights Boston, which works with communities to foster equity through legal advocacy, education, and economic empowerment. He is a past member of the Boston Bar Association's Public Interest Leadership Program.

Prior to joining Nutter, Micah was an associate at an international law firm in Boston, where he focused on patent litigation, patent prosecution, U.S. Patent and Trademark Office post-grant proceedings, and intellectual property portfolio development. Previously, he was a software engineer at IBM, where he developed hardware management and tracking functions within the i5 operating system. His experience also extends to storage, clustering, and autonomic computing technologies.

Experience

Experience

  • AI Company in Copyright Litigation

    Nutter represented a company that develops AI solutions for a wide range of commercial applications in copyright litigation against a former business partner. The firm prepared a strong non-infringement case based on a deep analysis of the software’s source code. The case settled favorably shortly before trial.

  • GPS-Based Pet Containment and Tracking Collar Company

    Nutter represented a company that designs and sells a GPS-based pet containment and tracking collar in asserting multiple patents against a competitor (who brought counterclaims relating to, among other things, alleged false marketing statements). Litigation spanned district court and PTAB (IPR proceedings). Nutter obtained a favorable claim construction ruling and numerous discovery-related rulings. Nutter’s IP Litigation team completed fact and expert discovery and obtained key concessions from witnesses. Within a few months of trial, the court granted our motion to expand infringement allegations to allow the assertion of infringement under the doctrine of equivalents. Shortly thereafter, the case settled favorably.

  • Smart notebook company in patent litigation

    Nutter represented a company that designed and sells reusable smart notebooks in patent litigation against Chinese companies attempting to enter the U.S. market with infringing products by filing a declaratory judgment action of non-infringement. The firm constructed a strong infringement argument and convinced declaratory judgment plaintiffs to dismiss the case before the client had to file an answer or spend significant money. 

  • Software company in intellectual property litigation

    Nutter represented a software company that sued a Fortune 100 computer hardware, software, and services company for copyright infringement, breach of license agreement, and breach of contract (among other causes of action) as a result of unauthorized copying and use of the client’s software to design and develop a competing product. Nutter defeated the motion to dismiss. The firm architected and executed a discovery strategy that revealed a weakness in the opposing party’s case. The case settled very favorably shortly thereafter.

  • Biofuels in patent litigation

    Nutter defended a producer of genetically modified organisms used in ethanol production in a jury trial during which a competitor alleged infringement of a patent directed to transgenic yeast. The parties ultimately entered into a mutually-beneficial joint agreement, which includes a license to the patent-in-suit.

News & Insights

Speaking Engagements

Honors

Honors

  • The Best Lawyers in America, 2023-2025

Education & Admissions

Education

Washington University School of Law, J.D.
Stanford University, B.S.

Admissions

  • Massachusetts
  • U.S. Patent and Trademark Office
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the Federal Circuit

Industry Expertise

Drawing on his professional experience, Micah frequently counsels clients on patent matters and disputes in a broad range of technologies. Previously, he was a software engineer at IBM, where he developed hardware management and tracking functions within the i5 operating system.

Noteworthy

  • During law school, Micah was a Walter Moran Farmer Scholar, an honor awarded in recognition of his intellectual, leadership, and community service achievements.
  • The Best Lawyers in America, 2023-2025
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