Areas of Practice
Languages
  • French
  • Filipino
Education
  • American University, Washington College of Law, J.D., 2005, Articles Editor, International Law Review
  • Georgetown University, M.S. Biochemistry and Molecular Biology, 2002
  • Johns Hopkins University, B.A. Biology and B.A. English, 2000
Bar & Court Admissions
  • District of Columbia
  • Florida
  • Maryland
  • New York
  • US Patent and Trademark Office
  • US District Court, District of Columbia
  • US District Court, District of Maryland
  • US District Court, Eastern District of Texas
  • US District Court, Middle District of Florida
  • US Court of Appeals for the Federal Circuit

Gretchen P. Miller

Attorney
1330 Connecticut Avenue, NW
Washington DC 20036
TEL: +1 202 429 6271
FAX: +1 202 429 3902

Gretchen P. Miller focuses her practice primarily on intellectual property litigation and patent prosecution.  Her litigation practice includes drafting trial and appellate briefs, examining and cross-examining witnesses, and arguing Markman hearing claim constructions.  Her prosecution practice includes opinion work, patentability, infringement, and product clearance investigations.

Ms. Miller litigates patent and trade secret disputes in a number of federal courts, including the Eastern District of Texas, the District of Delaware, and the District of New Jersey.  She also handles appeals before the Court of Appeals for the Federal Circuit.  In addition, she litigates actions arising under Section 337 of the Tariff Act of 1930 before the US International Trade Commission.

Ms. Miller’s patent cases have involved technologies ranging from pharmaceuticals to microprocessor units.  Ms. Miller has also prosecuted patent applications in a variety of matters involving nutritional products, solar technology, semiconductors, medical devices, biotechnology, and business methods.

Representative Matters

  • AstraZeneca v. Sandoz Inc., et al. (D.N.J. 2014)  (Fed. Cir. 2015) – Part of the Steptoe team in a bench trial representing Sandoz Inc., the generic drug subsidiary of Novartis, in an ANDA patent litigation against AstraZeneca involving a patent for Pulmicort Respules®, an inhalation product used to treat asthma with approximately $1billion in sales. The court ruled in favor of Sandoz in finding the asserted patent invalid.  The decision was affirmed on appeal.
  • Industrial Technology Research Institute and ITRI Int’l, Inc. v. ITC (Fed. Cir. 2014) – Part of the Steptoe team representing Intervenors LG Electronics, Inc., LG Electronics USA, Inc., LG Display Co., Ltd. and LG Display America, Inc. in a successful appeal.  At the underlying trial, the Steptoe team obtained a difficult and rare verdict of both non-infringement and invalidity of a patent related to display devices.
  • Benefit Funding Systems, LLC, et al v. Regions Financial Corporation (D. Del. 2012) – Part of the Steptoe team representing Appellee Regions Financial Corporation in an appeal involving a business method patent.
  • Prowess, Inc. v. RaySearch Laboratories, AB, et al. (D. MD, 2011) – Part of the Steptoe team that represented Prowess, Inc. in a patent infringement litigation involving radiation therapy for cancer treatment.
  • Felix v. American Honda Motor Co., Inc., et al. (Federal Circuit) and Civil Action No. 05-2525-CM (D. KS) – Part of the Steptoe team that represented American Honda Motor Co., Inc. in a case involving the In-Bed Trunk of the Honda Ridgeline. Obtained summary judgment of non-infringement in district court. In April 2009, the Federal Circuit affirmed the decision, issuing a precedential opinion and agreeing with Honda's interpretation of the disputed claim terms in all relevant aspects.

Noteworthy

  • Listed in Washington, DC Super Lawyers "Rising Star," Intellectual Property Litigation, 2014, 2015

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Selected Publications

Professional Affiliations

  • Federal Circuit Bar Association
  • Women's Bar Association of the District of Columbia