Kimberly G. Miller
Experience
- Represents corporations and individuals in a variety of litigation matters, including patent, trade secret, antitrust, employment, commercial contract, consumer fraud, false advertising, and deceptive trade practices.
- Member of the firm's Hiring Committee (2005-present)
Selected Results*
Member of trial team in Ricoh Corp. v. Pitney Bowes Inc.: Defended Pitney Bowes in a patent infringement involving communications and control within Pitney Bowes' mailing machines. The case was tried in the United States District Court for the District of New Jersey, Trenton Division, with Judge Brown presiding. The jury returned a verdict of invalidity in favor of Pitney Bowes finding anticipation of all 18 asserted claims. In addition, during trial, the Court entered summary judgment of anticipation of four additional claims. Jury decision was affirmed in a post-trial memorandum by the district court.
TriStrata Technology, Inc. v. Mary Kay Inc.: Patent infringement case relating to alpha-hydroxy acid (AHA) anti-aging skin technology. The firm's client, TriStrata Technology, Inc., was awarded $26,359,405 in damages plus interest. The jury ruled in TriStrata's favor on all issues of infringement and validity. The U.S. District Court for the District of Delaware in Wilmington, Del. issued a final judgment March 31, 2006 granting prejudgment and post-judgment interest to TriStrata Technology, Inc. bringing the total award to over $43 million. Case was summarily affirmed by the Federal Circuit on January 10, 2007.
Trial counsel in St. Clair Intellectual Property Consultants, Inc. v. Canon, Inc. et al., No. 03-241 (D. Del., filed February 28, 2003) a case in which a federal jury in Wilmington, Delaware awarded Ms. Miller's client, St. Clair, $34.7 million after a finding that Canon infringed four patents relating to digital camera technology. The verdict was announced on October 8, 2004.
Trial counsel in St. Clair Intellectual Property Consultants, Inc. v. Fuji, Ltd. et al., No. 03-241 (D. Del., filed February 28, 2003) a case in which a federal jury in Wilmington, Delaware awarded Ms. Miller's client, St. Clair, $3 million after a finding that Fuji infringed four patents relating to digital camera technology. The verdict was announced on October 25, 2004.
Member of trial team in St. Clair Intellectual Property Consultants, Inc. v. Sony Corp. et al., No. 01-557 (D. Del., filed Aug. 14, 2001), a case in which a federal jury in Wilmington, Delaware awarded Ms. Miller's client, St. Clair, $25 million after a finding that Sony infringed four patents relating to digital camera technology. The verdict was announced on February 25, 2003. The parties entered into a license agreement two days later, the terms of which are confidential.
Recognition
- Named one of the "Up and Coming Attorneys" by Minnesota Lawyer (2008)**
- Named a "Rising Star" by Minnesota Law & Politics (2006 and 2007)**
Memberships
Bar Admissions
- Minnesota
- U.S. Court of Appeals, Federal Circuit
- U.S. District Court, Minnesota
Education
- Cornell Law School, J.D. 2002); Editor, International Law Journal, winner of Cuccia Moot Court Competition (2000) and Winter Cup Moot Court Competition (2001)
- Brown University, B.A., Modern Culture and Media, with honors (1997)