Samuel F. Miller
Over the past 16 years, Sam Miller has served as lead trial counsel for a wide range of clients from celebrities and entrepreneurs to a billion-dollar start-up to one of the largest music streaming services in the world to publicly-traded companies in medical devices, software, and construction materials fields. As the founder of Miller Legal Partners PLLC and the former Chair of Intellectual Property Litigation for a 700-lawyer national law firm, the collective potential value and/or exposure of Mr. Miller’s cases have exceeded $500 million dollars.
Among other statements regarding Mr. Miller tenacity and abilities, opposing counsel have said he is a “tenacious adversary” and provides “zealous advocacy for their clients while still maintaining professionalism.” Clients have said he is “able to lay out smart strategic courses of action and then execute against them” and has an “organic eye when it comes to problem solving and treats prospective clients with great respect.” Colleagues have repeatedly praised him as an “exceptional legal strategist.” Mr. Miller develops creative and unique strategies and tactics for each case based the client’s objectives. He is known for defining client’s objectives at the outset of a case rather than a “shoot first, think later” approach.
Along with standard hourly arrangements in business and intellectual property cases, Mr. Miller has handled significant contingency fee cases for nearly a decade. The contingency fee cases have included patent cases; copyright cases; sexual assault in the context universities and well-known individuals; business disputes; and professional liability against doctors, dentists, and lawyers.
His most recent court-room successes have included winning a full defense verdict in a federal patent-infringement trial; obtaining a preliminary injunction on behalf of a publicly traded company against another publicly traded company in a multi-day evidentiary hearing; and defeating a summary judgment motion by a multi-national media conglomerate. Among other past wins, Mr. Miller has argued before the Court of Appeals for the Tenth Circuit and obtained a full reversal a district court’s denial of a temporary restraining order in an appeal before the the Court of Appeals for the Tenth Circuit Court of Appeals; obtained nationwide injunctions in favor of a premier international endurance challenge company; and obtaining favorable resolutions for several publicly-traded companies. Mr. Miller is admitted to practice before all state and federal courts in Tennessee as well as the Courts of Appeal for the Sixth, Tenth, and Federal Circuits.
Mr. Miller has received many accolades for his work including being named one of America’s Top 100 High Stake Litigators (2020), an “IP Star” in Managing Intellectual Property’s IP Handbook (2013 – 2019), listed in The Best Lawyers in America® in Intellectual Property Litigation (2015 – 2020) and Patent Litigation (2018-2020), and being named a Mid-South Rising Star in Intellectual Property in 2008 and Intellectual Property Litigation in six times by Super Lawyers magazine. He served as the chair of the Intellectual Property Section of the Tennessee Bar Association from 2009 – 2010, 2011 – 2012 and 2015 – 2016; the vice chair of the Intellectual Property Section of the Tennessee Bar Association and on the governing board of the Tennessee Intellectual Property Law Association. He was an adjunct professor in intellectual property at the Cecil C. Humphreys School of Law at the University of Memphis.
- Indiana University Mauer School of Law, J.D., cum laude
- USD Institute on International and Comparative Law at Trinity College, Dublin Ireland
- Xavier University, B.A., cum laude
- Served as the chair of the Intellectual Property Section of the Tennessee Bar Association from 2009 – 2010, 2011 – 2012 and 2015 – 2016
- The vice chair of the Intellectual Property Section of the Tennessee Bar Association
- Governing board of the Tennessee Intellectual Property Law Association
Trademark/Trade Dress/False Advertising
- Represented publicly-traded pharmaceutical company in false advertising and trademark infringement case valued at hundreds of millions of dollars
- Obtained preliminary injunction on behalf of leading obstacle course challenge company against infringer using confusingly similar trademark.
- Represented publicly-traded pharmaceutical company in false advertising and trademark infringement case valued at hundreds of millions of dollars.
- Obtained summary judgment in favor of nationwide retailer in trademark and cybersquatting action before the United Stated District Court for the Central District of California in Los Angeles.
- Awarded dismissal of trade dress declaratory judgment lawsuit in United States District Court for the District of Colorado on behalf of medical device company.
- Defeated motion for summary judgment in Trademark Trial and Appeal Board case involving allegations of trademark abandonment.
- Obtained successful resolution of trademark infringement and unfair competition lawsuit involving well-known identity theft prevention companies.
- Procured two cancellations of trademark registrations before the Trademark Trial and Appeal Board on behalf of national supplier of medical products to physician practices.
- Obtained reinstatement of trademark registration that was wrongfully cancelled on behalf of large religious organization.
- Settled two well-publicized trademark and unfair competition lawsuits between a historic Memphis enterprise and a record label based in Nashville.
- Obtained dismissal for well-recognized motorcycle frame designer in trade dress infringement action before the United States District Court for the Central District of California in Los Angeles.
- Prosecutes and manages trademark portfolios of over 200 trademark registrations throughout the world.
- Obtained motion for judgment on the pleadings that reduced potential statutory damages award against client by nearly $100 million
- Reached positive settlement for developer accused of copyright infringement based on website design and content
- Represented manufacturer accused of infringement in which plaintiff sought damages in excess of $150 million
- Represents owner of distinctive design for cupcake liners in claims for infringement.
- Obtained reversal of trial court dismissal before the Tennessee Court of Appeals in which the Court held for the first time that venue in an action to collect unpaid writer’s royalties is proper where the songwriter resides.
- On behalf of high-end appliance manufacturer, obtained settlement in which alleged infringer agreed to remove certain webpage from its website.
- Represented patent owners and defendants in over 75 patent infringement lawsuits in courts throughout the United States involving mechanical, medical, chemical, business method, and software-related technologies.
- Obtained successful denial of four petitions for Inter Partes Review.
- Argued before Federal Circuit regarding appeal of Inter Partes Review decisions.
- Obtained settlement on behalf of leading pet products company against multinational competitor after International Trade Commission accepted case and prior to determination of motion for temporary exclusion order.
- Obtained settlement in design patent case that enjoined distributor, reseller, and importer from making, using, selling, offering for sale and importing products that are substantially the same as the claimed ornamental designs.
- Represented numerous patent owners and defendants in patent infringement lawsuits in courts throughout the United States involving mechanical, chemical, business method, and software related technologies.
- Represented multinational corporation regarding contract dispute over whether sufficient scope of patent protection was obtained in Japan.
- “Supreme Court Drastically Changes Where Patent Infringement Cases Can Be Filed,” Intellectual Asset Management Weekly Email (May 2017)
- “Attorneys React To Supreme Court Patent Venue Ruling,” Law360 (May 2017)
- “Supreme Court Drastically Changes Where Patent Infringement Cases Can Be Filed” (May 2017)
- “U.S. Supreme Court Strengthens Attacks On U.S. Patents Through Inter Partes Reviews,”
Intellectual Asset Management International Reports (July 2016)
- “Prepare To See More Method Patent Infringement Cases,” Law360 (August 2015)
- “The New Broader Standard for Divided Patent Infringement” (August 2015)
- “The Impact of 3D Printing on the Commercialization on Intellectual Property,” LawyerMade (September 2014)
- “Rethink Intellectual Property – Your Intellectual Property Is a Source Of Capital and New Business Opportunities,” Catalyst Magazine of Nashville Technology Council (January 2013)
- “Intellectual Property Issues for Start-up Companies,” Intellectual Property Deskbook for the Business Lawyer, Third Edition (2013)
- “BitTorrent Copyright Infringement Lawsuits Gaining Momentum in Middle Tennessee”
- Featured – “Alternative dispute resolution in intellectual property contract matters,” 2nd
Generation Capital (July 2012)
- Contributing Author – “Right of Publicity Survey,” Practical Law Company (January 2011)
- Peer Reviewer – “IP Issues for Start-Up Companies,” Intellectual Property Deskbook for the Business Lawyer, Third Edition (January 2011)
- Contributing author – Right of Publicity Survey for the Practical Law Company
- Co-presenter – “Damages and the Calculation of Damages in Intellectual Property Cases” for the Intellectual Property Section of the Nashville Bar Association (November 30, 2011)
- Co-presenter “Intellectual Property and Political Campaigns” for the Tennessee Intellectual Property Law Association in Nashville, Tennessee (November 11, 2011)
- Presenter – “Are You Sure You Own the Copyrights in Your Code?” Suffolk University Law School podcast (August 2011)
- “Are You Sure You Own the Copyrights in Your Code?” BakerTech newsletter (August 10, 2011)
- Presenter – “Intellectual Property in Advertising and Marketing Series,” Baker Donelson Seminar (Summer 2011)
- Presenter – “Ethics for IP Lawyers – 2011,” Tennessee Bar Association’s Intellectual Property Forum (March 4, 2011)
- Presenter – “Intellectual Property in the Digital Age: What is it and how do you protect it?”
PodCamp, Nashville, TN (March 6, 2010)
Presenter – “Intellectual Property Law,” TECworks FastTrac Program (October 22, 2009)
- Adjunct professor – Intellectual Property Law, University of Memphis Cecil C. Humphreys School of Law (Fall 2009)
- Guest lecturer – “Introduction of Copyright Law” for survey course of “Intellectual Property Law” for the University of Mississippi School of Law (October 31, 2008)
- Author – “How to Stop Others from Using Your Business’s Trademarks in a Website Address,”
Tennessee Chamber of Commerce & Industry’s Business Insider (August 2008)
- Presenter – “Discovery Documents, Trial Exhibits and the Copyright Act” for the Tennessee Intellectual Property Law Association in Nashville, Tennessee (May 2, 2008)
- Presenter – “The TTAB Rule Changes and Other Recent Changes in Trademark Law” for the Tennessee Bar Association’s Intellectual Property Forum (April 11, 2008)
- Presenter – “Patent Law,” for the National Business Institute in Memphis, Tennessee (December 18, 2007)
- Presenter – “Recent Development in Trademark Law, including the New TTAB Rules,” for the Tennessee Intellectual Property Law Association in Nashville, Tennessee (November 9, 2007)
- Presenter – “Ten Things Every Educator Should Know About the Copyright Act,” for St. Agnes High School, Memphis, Tennessee (April 4, 2007)
- Author – “The Spy in Your Cell Phone,” Financial Institutions Advisor, Vol. 2 No. 2 (June 2004)
- Author – “Is International Filing Best for Your Trademark,” Innovation, Vol. 3 No. 4 (December 2003)
- Author – “Prescriptive Jurisdiction over Internet Activity: The Need to Define and Establish the Boundaries of Cyberliberty,” 10 Indiana Journal of Global Legal Studies, Issue 2 (Summer 2003)
- U.S. District Courts for the Middle, Eastern and Western Districts of Tennessee
- U.S. Court of Appeals, Sixth Circuit
- U.S. Court of Appeals, Tenth Circuit
- U.S. Court of Appeals, Federal Circuit
- U.S. District Court for the District of Colorado
- U.S. District Courts for the Eastern and Northern Districts of Texas
- “The Price of Entry: Litigation & Enforcement,” The IP Strategy Summit, Atlanta, Georgia (April 2015)
- Panelist – “Preparing for Litigation,” The IP Strategy Summit: Enforcement, Silicon Valley,
California (June 2014)
- “Utilizing Your Intellectual Property to Drive Revenue and Value,” webinar (December 2012)
- “Electronically Stored Information (ESI) and the Deal Lawyer,” InsideCounsel webinar (December 2012)
- “BIG Data, BIG Analytics: Attacking the ESI Volume Problem with More than Just TAR,”
eDiscoveryJournal cle webinar (November 2012)
- Panelist – “Social Media – The Good, the Bad, and the Illegal?,” Tennessee Bar Association’s “The Law of Technology – What You Need to Know” seminar (September 2012)
- “Intellectual Property Issue Basics,” Tennessee Bar Association’s “General Practice 2012 Fast
Track” seminar, Knoxville, Tennessee (August 2012)
- “Ethical Considerations and Social Media: Clients and Business Strategies,” Tennessee Bar Association webinar (August 2012)
- Instructor/Presenter – Kroll Ontrack Advanced E-Discovery Certification Course, Eden Prairie, Minnesota (June 2012)
- Co-presenter – “Damages and the Calculation of Damages in Intellectual Property Cases,”
Intellectual Property Section, Nashville Bar Association (November 2011)
- Co-presenter – “Intellectual Property and Political Campaigns,” Tennessee Intellectual Property Law Association, Nashville, Tennessee (November 2011)
- “Are You Sure You Own the Copyrights in Your Code?,” Suffolk University Law School podcast
(August 2011)”Ethics for IP Lawyers – 2011,” Tennessee Bar Association’s Intellectual Property Forum (March 2011)
Areas of Focus
We focus on solving our clients’ legal problems in intellectual property and technology areas. As Intellectual Property & Litigation Attorneys, we’d be happy to represent you.
Professional Honors & Activities
- Listed in The Best Lawyers in America® in Intellectual Property Litigation (2015-2020); Patent Litigation (2018-2020)
- Named an “IP Star” in Managing Intellectual Property’s IP Handbook (2013-2017)
- Listed in Mid-South Rising Stars
Member – Tennessee Bar Association (Chair, Intellectual Property Section, 2015-2016, 2011 –2012, and 2009 – 2010; Vice-Chair, Intellectual Property Section, 2008 – 2009)
- Member – Tennessee Intellectual Property Law Association (Board Member, 2007 – 2009)
- Member – Sedona Conference Working Group on Electronic Document Retention and Production (2011 – 2013)