Joshua I. Miller

Associate

Madison, NJ
One Giralda Farms
Madison, NJ 07940
P 973.966.3210 F 973.966.3250
P 973.966.3210 F 973.966.3250

Experience

* Admitted in the District of Columbia.

Joshua Miller is an accomplished litigator whose practice encompasses complex intellectual property disputes in the U.S. District Courts and in ITC, with a particular focus on Hatch-Waxman matters.

Prior to joining Windels Marx, he was a Trial Attorney at the United States Department of Justice (USDOJ), where he represented the U.S. Government in patent and copyright litigation brought by private parties, including genetics, robotics, telecommunications and consumer products. Prior to USDOJ, he was an Associate in the Litigation Department of a boutique intellectual property law firm.

Mr. Miller clerked for the Honorable Nora Barry Fischer at the U.S. District Court for the Western District of Pennsylvania, as well as for the Honorable Edward J. Damich at the U.S. Court of Federal Claims. During those clerkships, he focused on patent matters in several technology fields, including consumer electronics, chemistry, composite materials and finance.

Representative Matters

  • HID Global Corp. v. United States, 20-308 (Fed. Cl.), resolved fingerprint scanner patent litigation on favorable settlement for defendant United States.
  • Celgene Corp. v. Cipla Ltd., 19-14731, 18-8964, and 17-6163 (DNJ), resolved Hatch-Waxman cases on favorable settlement for defendant Cipla.
  • JUUL Labs, Inc. v. Eonsmoke, LLC, et al., 19-8405 (DNJ), resolved trademark infringement suit on favorable settlement for plaintiff JUUL.
  • Amneal Pharmaceuticals LLC, et al. v. Almirall, LLC, et al., IPR2019-00207 (PTAB), represented petitioner Amneal in successful IPR against Almirall acne treatment patent in follow-on to IPR2018-00608.
  • Amneal Pharmaceuticals, LLC, et al. v. Allergan, Inc., et al., IPR2018-00608 (PTAB), represented petitioner Amneal in IPR against Allergan acne treatment patent.
  • Eli Lilly and Company v. Teva Pharmaceuticals Int’l GMBH, et al., IPR2018-01710, -01711, -01712, -01422, -01423, -01424, -01425, -01426, -01427 (PTAB), represented patent owner Teva in several IPRs filed against biologic Alzheimer’s treatment, saving most important claims.
  • Parsons Xtreme Golf, LLC v. Taylor Made Golf Company Inc., 17-3125 (D. Ariz.), resolved golf club patent litigation on favorable settlement for defendant/counterclaim plaintiff Taylor Made.
  • Freeney et al. v. Brother Int’l Corp., 17-183 (E.D. Tex.) and Freeney et al. v. Lexmark Int’l, Inc., 17-185 (E.D. Tex.), resolved printer patent case on favorable settlement for defendant Ricoh USA, Inc.
  • Argentum Pharmaceuticals LLC, et al. v. Cipla Ltd., et al., IPR2017-00807 (PTAB), resolved IPR against pharmaceutical patent on favorable settlement for respondent Cipla.
  • AstraZeneca AB, et al. v. Cipla Ltd., et al., 16-9583 (DNJ), resolved Hatch-Waxman case on favorable settlement for defendant Cipla.
  • Breville USA, Inc. v. Spectrum Brands, Inc., et al., 16-6718 (N.D. Cal.), resolved home appliance patent case on favorable settlement for defendant Spectrum Brands after filing motion to dismiss on standing grounds.
  • Astellas Pharma Inc., et al. v. Actavis Elizabeth Inc. et al., 16-905 (D. Del.), resolved Hatch-Waxman case on favorable settlement for Aurobindo defendants.
  • Meda Pharmaceuticals Inc., et al. v. Perrigo UK FINCO Ltd. P’ship, et al., 16-794 (D. Del.), Meda Pharmaceuticals Inc., et al. v. Teva Pharmaceuticals USA, Inc., 15-785 (D. Del.), and Meda Pharmaceuticals Inc., et al. v. Apotex Inc., et al., 14-1453 (D. Del.), resolved Hatch-Waxman cases on favorable settlement for plaintiffs after trial in Apotex case.
  • University of South Florida Board of Trustees v. United States, 15-1549 (Fed. Cl.), represented United States at trial on patent covering genetically modified mice.
  • AstraZeneca AB et al. v. Kremers Urban Pharmaceuticals, et al., 13-3299 (DNJ), resolved Hatch-Waxman case on favorable settlement for defendant after Markman briefing.
  • Ross-Hime Designs, Inc. v. United States, 11-201 (Fed. Cl.), resolved robotics case on summary judgment for defendant United States.

Publications & Speaking Engagements

  • Practical Issues for the Pharmaceutical and Biopharmaceutical Industry in the Wake of TC Heartland, Nat’l Law Review (May 23, 2017).
  • Acorda Therapeutics v. Mylan Pharmaceuticals: A New Kind of Jurisdiction for ANDA Cases, Bloomberg BNA Pharm. Law & Indus. Report (April 8, 2016).
  • The Daimler Confusion and Its Impact on ANDA Litigations, Law360 (Mar. 6, 2015).
  • The Unitary Progress Clause: District of Columbia v. Heller and the Structural Interpretation of the Progress Clause, 28 SANTA CLARA COMP. & HIGH TECH. L.J. 241 (2012) (first place, 2011 Finnegan Prize Competition).
  • Towards a Doctrine of Fair Use in Some of Patent Law, 2 AM. U. INTELL. PROP. BRIEF 56 (2011).
  • Unknown Futures and the Known Past: What Can Patent Learn from Copyright in the New Technological Age?, 21 ALB. L.J. SCI. & TECH. 1 (2011).
  • 28 U.S.C. § 1498(a) and the Unconstitutional Taking of Patents, 13 YALE J.L. & TECH. 1 (2010-11) (reprinted in INTELL. PROP. L. REV., 2010 (Thomson/West) (judging this article to be one of the best intellectual property law review articles of 2010)).
  • Lecturer, Patent and Copyright Basics, Pittsburgh Paralegal Association CLE, June 2012.
  • Organizer, Managing Patent Litigation and the New WD PA Patent Pilot Program, Allegheny County Bar Association, March 2012.

Memberships

  • Q. Todd Dickinson Intellectual Property American Inn of Court, Member of Organizing Committee and Founding Member (2012). Named Honorary Member (September 2013).
  • American Intellectual Property Law Association, Member (2008-present). Co-Chair, Law Student Committee (2010-2011).

Academic Honors

  • While at The George Washington University Law School, he was awarded the Giles S. Rich American Inn of Court Award (2011); and the Marcus B. Finnegan Prize (first place, 2011).
  • While at the University of Pittsburgh School of Law, he was awarded the Samuelson/Glushko Fellowship in Intellectual Property and Technology Law (2010); the Pittsburgh Intellectual Property Law Association Student Leadership Award (2010); and the University of Pittsburgh School of Law, ABA-BNA Intellectual Property Award (2010).

Practices

Education

  • Master of Laws in Intellectual Property Law with Highest Honors, The George Washington University School of Law, 2011
  • J.D. with Intellectual Property and Technology Law Certificate, University of Pittsburgh School of Law, 2010
  • B.S., Mechanical Engineering, Pennsylvania State University, 2006

Admissions

  • District of Columbia (2015)
  • United States District Court for the Western District of Pennsylvania (2011)
  • United States Court of Appeals for the Federal Circuit (2015)
  • United States Supreme Court (2015)
  • United States Court of Federal Claims (2020)