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Laura Beth Miller

Practice Summary

Laura Beth Miller is a shareholder at Brinks Hofer Gilson & Lione, where she chairs the ITC practice group and is a member of the firm's litigation practice group. She is a skilled trial attorney with experience in intellectual property law, as well as antitrust and commercial litigation. She focuses her practice on district court litigation, particularly in the “rocket dockets” and ITC proceedings. Her non-litigation experience includes counseling clients in trade secret protection, trademark clearance and use, patent and copyright protection, antitrust and licensing matters. Her experience spans into broad areas of technology including electrical, computer, Internet, chemistry, biotechnology and mechanical arts.

In addition to representing major Fortune 500 companies in patent and trademark matters, she is an adjunct professor at The John Marshall Law School. She received her B.A. from the University of Virginia and her J.D. from The College of William and Mary Marshall Wythe School of Law. She is licensed to practice before the United States Supreme Court, the Supreme Court of Illinois and the United States Patent and Trademark Office, as well as numerous federal courts. She has been recognized as one of Illinois' leading intellectual property lawyers by Chambers USA, and has been named a Leading Intellectual Property Lawyer and one of the Top 50 Women Business Litigation Lawyers in Illinois by the Leading Lawyers Network.

Honors/Distinctions
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  • Best Lawyers in America, 2010-2012 
  • Chambers USA: America’s Leading Lawyers for Business, Illinois IP Lawyers, 2004-2011
  • Illinois Super Lawyers, Intellectual Property Litigation, 2005-2012
  • Illinois Super Lawyers, Top 50 Female Attorneys, 2007-2008, 2012 
  • Leading Intellectual Property Lawyer, Leading Lawyers Network, Law Bulletin Publishing Company, 2004-2007, 2009-2011 
  • Leading Lawyers Network, Top 50 Women Business Lawyers in Illinois, 2007
  • Leading Lawyers Network, Top 100 Women Business Lawyers in Illinois, 2009 
Representative Matters
Patent Issues
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  • Variant Holdings, LLC and Variant, Inc. v. Hilton Hotels, et al., No. 2:11-cv-427 (E.D. Texas). Lead counsel representing Hyatt Corporation in a patent infringement matter involving networking technology. The matter is pending before Judge Folsom.
  • TQP Development, LLC. V. 1-800 Flowers.com, Inc., et al., No. 2:11 cv 248 (E.D. Texas). Representing Alticor Inc. and Amway Corp. in a patent infringement matter involving encryption technology. The matter is pending before Judge Folsom.
  • Alloqate, LLC v. Dealbase Corporation, et al., No. 11-00403 (D. Del.). Lead counsel representing The Progressive Corporation in a patent infringement matter involving networking technology.
  • In the Matter of Certain Video Game Systems and Controllers, No. 337-TA-743 (U.S. Int'l Trade Comm). Representing complainant in an ongoing Section 337 investigation based on importation of respondents importation of products that are accused of infringing complainant’s patent rights. The investigation is pending before ALJ Rogers, involving the importation of certain video game systems and related controllers.
  • Innovative Global Systems, LLC v. OnStar, LLC, et al., No. 6:10 cv 0574 (E.D. Texas). Lead counsel representing Progressive Casualty Ins. Co. in a patent infringement matter involving data communication devices. The matter is pending before Judge Davis.
  • Parallel Networks, LLC v. Adidas America, Inc., et al., No. 6:10 cv 491 (E.D. Texas). Lead counsel representing Herman Miller Inc. in a patent infringement matter involving website technology. The matter was pending before Judge Davis before reaching early resolution on confidential terms. 
  • Progressive Casualty Ins. Co. v. HTI IP, LLC., No. 10 cv 2066 (N.D. Ohio). Lead counsel representing Progressive Casualty Ins. Co. in a declaratory judgment action involving wireless diagnostic monitoring systems.
  • Mass Engineered Design, Inc. v. 9X Media, Inc., et al., No. 2:09 cv 358 (E.D. Texas). Lead counsel representing Herman Miller Inc. in a patent infringement matter involving dual display system. The matter is pending before Judge Gilstrap.
  • EMG Technology, LLC v. Dr. Pepper Snapple Group, Inc. et al., No. 6:10 cv 536 (E.D. Texas). Lead counsel representing The Progressive Corporation in a patent infringement matter involving wireless device technology. The matter was pending before Judge Davis before reaching early resolution on confidential terms.
  • Parallel Networks, LLC v. AEO, Inc., et al., No. 6:10 cv 275 (E.D. Texas). Counsel representing Amway Corp. in a patent infringement matter involving website technology. The matter was pending before Judge Davis before reaching early resolution on confidential terms.
  • Progressive Casualty Ins. Co. v. Safeco Ins. Co. of Illinois et al., No. 1:10 cv 1370 (N.D. Ohio). Lead counsel representing Progressive Casualty Ins. Co. in a patent infringement matter involving motor vehicle monitoring system.
  • In the Matter of Certain Flash Memory and Products Containing Same, Inv. No. 337-TA-685 (Int’l Trade Comm’n). Represented respondent in a Section 337 investigation concerning the importation of products allegedly infringing complainant’s patent rights.
  • Soverain Software, LLC v. J.C. Penney Corp., Inc. et al., No. 6:09 cv 274 (E.D. Texas). Represented Amway Corp. in a patent infringement matter involving website technology. The matter was pending before Judge Davis before reaching confidential resolution through court-ordered mediation process.
  • In the Matter of Certain Automotive Multimedia Display and Navigation Systems, Components Thereof and Products Containing Same, Inv. No. 337-TA-657 (Int’l Trade Comm’n). Represented respondent in a Section 337 investigation pending before AL Essex concerning the importation of products alleged to infringe complainant’s patent rights.
  • Eaton Corporation v. ZF Meritor LLC, ArvinMeritor, Inc. and ZF Friedrichshafen AG, No. 03-74844 (E. D. Mich., Oct. 3, 2008). Represented defendants in a jury trial regarding infringement of one patent and invalidity of two patents relating to automated mechanical transmissions. A jury returned a verdict in favor of our clients on all issues.
  • In the Matter of Certain Computer Systems, Printers and Scanners, Inv. No. 337-TA-618 (Int’l Trade Comm’n). Represented third party in a Section 337 investigation pending before ALJ Luckern.
  • Alpine Electronics, Inc. v. Honeywell International, Inc., No. 07-3458-CAS (C.D. Cal., October 29, 2007). Declaratory judgment action by our client, Alpine, asserting non-infringement and invalidity of 14 patents Honeywell asserted against automobile navigation systems. The case settled prior to final hearing.
  • In the Matter of Certain Semiconductor Devices, DMA Systems, and Products Containing Same, Inv. No. 337-TA-607 (Int’l Trade Comm’n). Represented third party in a Section 337 investigation pending before ALJ Charneski.
  • Alticor Inc. v. NCR Corp., (W.D. Mich.). Represented Alticor in a patent infringement action involving web-based technology. The case settled following mediation.
  • In the Matter of Certain Automated Mechanical Transmission Systems for Medium-Duty and Heavy-Duty Trucks, and Components Thereof, No. 337-TA-503 (U.S. Int'l Trade Comm'n). A ten-day hearing on the merits resulted in a Commission ruling in favor of our clients on all but one claim of one patent. Our clients designed around the one remaining claim. Enforcement proceedings were resolved in favor of our clients after a two-day hearing on the merits. The Commission ruled that the clients' redesigned system did not infringe and that the clients acted in good faith in continuing to import the redesigned unit.
  • Constellation IP, LLC v. Avis Budget Group, Inc., et al., No. 9:07 cv 38 (E.D. Texas). Represented defendant in patent infringement matter involving computer generated presentation systems. Matter was pending before Judge Davis before reaching early resolution for client on confidential terms.
  • Polaris IP, LLC v. Art Technology Group, Inc. et. al., No. 9:07 cv 116 (E.D. Texas). Represented defendant in patent infringement matter involving automated response technology. Matter was pending before Judge Ward before reaching early resolution for client on confidential terms.
  • Constellation IP, LLC v. Marriott Int'l, Inc., et al., No. 9:06 cv 162 (E.D. Texas). Represented defendant in patent infringement matter involving computer generated presentation systems. We reached an early resolution for client on confidential terms.
  • Encyclopedia Britannica, Inc. v. Alpine Electronics of America, Inc., et al., No. A05 CA 359 LY (W.D. Texas). Defended client against patent infringement allegations directed to search methods for multimedia databases in client's navigational systems. The case was affirmed on appeal following summary judgment in favor of our client.
  • NeoMedia Technologies, Inc. v. Virgin Entertainment Group, Inc., et al., No. 04 C 00021. Lead counsel representing defendant against allegation of infringement of plaintiff's patents for automatically accessing remote websites through use of secure machine-readable codes. The case settled after invalidity contentions and claim construction briefs were submitted.
  • In the Matter of Certain Home Vacuum Packaging Machines, Inv. No. 337-TA-496 (Int’l Trade Comm’n). Subject: Complaint seeking temporary and permanent exclusion order precluding the entry and importation of defendants' vacuum sealing machines. Resolution: Request for temporary exclusion order denied as against our client. This case, and companion district court case, Tilia International, Inc. v. The Rival Company, Case No. C 03-0263 SI, settled after temporary exclusion order denied.
  • Charles E. Hill & Associates, Inc. v. Amazon.com, et al., Case No. 1:03-CV-0263 (E.D. Texas). Defended Quixtar against plaintiff’s patent infringement claims against client’s Internet based product offerings. The case was pending before Judge Ward before settling.
  • eSpeed, Inc., et al. v. Board of Trade of the City of Chicago, et al., No. 3:99-CV-1016-M (N.D. Texas). Represented CME in patent infringement matter involving electronic trading systems.
  • Holcomb Healthcare Services, LLC, et al. v. Nikken, Inc., et al., No. 3:99-0543 (M.D. Tenn.). Subject: Patent infringement and false advertising asserted against defendant's magnetic therapy products and related comparative advertising.
  • Manitowoc Foodservice Group, Inc., and Manitowoc Ice, Inc. v. Whirlpool Corporation, et al., No. 99-C-1435 (W.D. Wisc.). Subject: Patent infringement based defendant's manufacture and sale of a microprocessor-controlled self-cleaning ice maker.
     
Trademark/Other IP and Competition Issues
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  • In the Matter of Certain Electric Fireplaces, Components Thereof, Manuals for Same, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same, Inv. No. 337-TA-791 (Int’l Trade Comm’n). Representing complainant in a request for institution of a Section 337 investigation based on proposed respondents’ importation of products that accused of infringing complainant’s copyright and other property rights.
  • Progressive Casualty Ins. Co. v. Progressive Adjusters Group, Inc., No. 1:10 cv 1793 (N.D. Ohio). Lead counsel representing Progressive Casualty Ins. Co. in a trademark infringement case. Resolution: Obtained a consent judgment for client.
  • Quixtar Inc. v. Woodward, et al. (Arbitration, Michigan). Represented Quixtar in an action relating to misappropriation of trade secrets, breach of contract and tortious interference, obtaining award of over $25 million for client after 16 day trial. That award is pending confirmation before the United States District Court for the Eastern District of Michigan.
  • Quixtar v. Signature Management TEAM, LLC (D. Nev.). Represented Quixtar in an action relating to misappropriation of trade secrets, tortious interference with existing contracts and advantageous business relationships, Lanham Act violations and civil conspiracy. The matter settled on confidential terms at the dispositive motion practice stage.
  • MonaVie LLC v. Amway Corp. (D. Utah). Represented Amway in an action against a competitor for misappropriation of trade secrets, tortious interference, and Lanham Act violations. The matter settled on confidential terms.
  • Quixtar Inc., et al. v Eric Scheibeler (M.D. Pa.). Represented plaintiffs in an action charging defendant with defamation and tortious interference with contractual relations. Case settled.
  • Drive Financial Services, L.P. v. Progressive Casualty Ins. Co., No. 6-04-CV-558-LED (E.D. Tex.) and Progressive Casualty Insurance Company v. Drive Financial Services, L.P., No. 1:05CV665 (N.D. Ohio). Defended client against alleged infringement of DRIVE trademark and various related trademarks and companion declaratory judgment action. The cases settled on confidential terms.
  • Nitro Distributing, Inc. et al. v. Alticor Inc., et al., Case No. 03-3290-CV-S. (W.D. Mo.). Represented defendants against allegation of anticompetitive activities in violation of sections 1 and 2 of the Sherman Act and in violation of state causes of action. Summary judgment granted in favor of our clients was affirmed on appeal.
  • Fix-A-Dent, Inc. v. Qwikway Dent Technology, Inc., et al., Case No. 04C-7490 (N.D. Ill.). Subject: Alleged infringement of FIX-A-DENT mark by virtue of supplier's alpha-numeric phone number.
  • Kolody v. Simon Marketing, Inc., et al., No. 97 C 0190 (N.D. Ill). Subject: Complaint alleging copyright infringement.
  • Yesmail, Inc. v. Mail Abuse Prevention System, LLC, No. 00 C 4245. Subject: Tortious interference with contractual relationship, business disparagement, defamation arising from Internet-related activities.
  • Yesmail.com v. Internet Marketing Group, Brett Enright and Mark Ellis, No. 00 C 0851. Subject: Complaint alleging computer abuse, spamming, tortious interference with business relationships.
  • USX Corporation d/b/a U.S. Steel v. U.S. Steel, Inc., No. 99 2186 JWL. Subject: Complaint alleging trademark infringement, dilution, unfair competition.
  • Multiple actions brought on behalf of Quixtar, Inc. against cybersquatters, trademark infringers and other opportunists who sought to trade off client’s well-known QUIXTAR mark. These actions resulted in a variety of favorable resolutions, including injunctions, consent judgments and settlements.
  • Navistar International Transportation Corp. v. Freightliner Corp., No. 96 C 6922. Subject: Complaint alleging trademark infringement and unfair competition. Reported at 52 USPQ 2d 1074(1998); related decisions at 49 USPQ 2d 1108 and 49 USPQ 2d 1116.
  • Navistar International Transportation Corporation v. Freightliner Corp., et al., No. 97 C 3792 (N.D. Ill.). Subject: Complaint alleging false and misleading advertising.
  • Loctite Corp. v. TSV Adhesive Systems, Inc., (Ill.Cir.Ct.) Subject: Misappropriation of trade secrets.
Publications
Feature Profiles
Published Articles
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  • "IP: Trademarks/Unfair Trade Practices," co-author, Business Law and the Internet: Essential Guidance For You, Your Clients and Your Firm, ICLE 2002
Presentations
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  • "Using U.S. Trade and Competition Laws to Protect the Value of Brand Names and Other Trademarks in a Global Economy,” Chicago International Trade Commissioners Association, Chicago, October 4, 2011
  • Presented copyright infringement mock trial in Beijing, China before the State Intellectual Property Office (“SIPO”) and the Chinese Copyright Office. 2010.
  • Presented seminar on International Trade Regulations and Import Issues to Industrial Design Society in Shunde, China. 2010.
  • Presented International Trade Commission mock trial in Shanghai, China. 2008.
  • "Special Considerations in Creating Working Relationships with a Foreign Company," 2008 AIPLA Mid-Winter Institute, Phoenix, AZ, January 23, 2008
  • "Declaratory Judgment Actions and Injunctions for Patent Infringement in the U.S.," Brinks Hofer Gilson & Lione Seminar, Chicago, November 1, 2007
  • "KSR and Other Recent Caselaw: What is the Impact on Internet Patents?" Brinks Hofer Gilson & Lione Seminar, Chicago, August 1, 2007
  • "International Trade Commission Basics," ICLE Seminar, April 13, 2007
  • "Recently Acquired IP Assets: Maximizing Value and Minimizing Risks," Brinks Hofer Gilson & Lione Seminar, Chicago, July 11, 2006
  • "Recently Acquired IP Assets: Maximizing Value and Minimizing Risks," Brinks Hofer Gilson & Lione Seminar, Chicago, June 29, 2006
  • "What You Need to Know to Get a Patent," Intellectual Property Law Association of Chicago and Chicago Public Library, Chicago, May 18, 2006
  • "Doing Business on the Internet – Patent Considerations," Panelist, Update on Intellectual Property Law and the Internet, Brinks Hofer Gilson & Lione Seminar, Chicago, April 18, 2006
  • Moderator, Second Annual Federal Judicial Panel, "From the Bench to the Bar: Discussion of Current Topics in IP Litigation," Chicago, April 2005
  • "International Transactional Study of Industrial Design/Design Patent and Trade Dress Protection," International Intellectual Property Law Symposium, St. Peter's College, Oxford University, 2003
  • "Multimedia, Audiovisual Arts, Cross-Border Ownership and Exploitation," International Intellectual Property Law Symposium, St. Peter's College, Oxford University, 2003
  • "Understanding the Changing Rules of Patent Damages," General Counsel Forum, PriceWaterhouse Coopers, 2003
  • "Legal Technology/Cyberlaw," Lawyer's Workshop, Illinois State Bar Association, 2001
Teaching Experience
  • The John Marshall Law School, Chicago, Illinois
    Adjunct Professor, 2005-Present
  • Chicago-Kent College of Law, Chicago, Illinois
    Guest Lecturer, IP Management - ITC Litigation, Spring 2006
Memberships & Affiliations
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  • American Bar Association
  • Chicago Bar Association
  • Federal Circuit Bar Association
  • Intellectual Property Law Association of Chicago
  • International Trade Commission Trial Lawyers Association
  • Intellectual Property Owners Association
  • National Association of Women Lawyers
  • Women's Bar Association of Illinois
Press Releases