Joshua I. Miller is an associate in Sterne Kessler’s Trial & Appellate Practice Group. Josh’s practice involves complex patent litigation, with an emphasis on pharmaceutical litigation under the Hatch-Waxman Act. Josh’s Hatch-Waxman work includes cases on new drug compounds, enantiomers, solid state forms, combinations, formulations, and methods of treatment. Josh has also litigated cases involving electromechanical apparatuses, consumer appliances, and other electronic products. He has experience in all phases of litigation, including pre-suit investigation, preliminary injunction practice, fact and expert discovery, claim construction, dispositive motion practice, trial, and post-trial practice.
In addition to his work in the U.S. District Courts, Josh has worked on contested proceedings before the Patent Trial and Appeal Board and appeals at both the Federal Circuit and the Supreme Court.
Josh joined the firm after clerking for the Honorable Nora Barry Fischer in the U.S. District Court for the Western District of Pennsylvania and for the Honorable Edward J. Damich in the U.S. Court of Federal Claims. During his clerkships, Josh handled patent matters in the consumer electronics, chemistry, composite materials, and finance industries.
Josh is active in several trade organizations. While clerking in the Western District or Pennsylvania, Josh served on the organizing committee of the Q. Todd Dickinson Intellectual Property American Inn of Court. He is an honorary member of the Dickinson Inn of Court and a member of the American Intellectual Property Law Association.
Josh received his LL.M., with highest honors, from the George Washington University, his J.D. from the University of Pittsburgh School of Law, and his B.S., in mechanical engineering, from Pennsylvania State University.
- 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).
- 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).
- Q. Todd Dickenson Intellectual Property American Inn of Court
- Dickinson Inn of Court
- American Intellectual Property Law Association
- U.S. District Court for the Western District of Pennsylvania
- U.S. Court of Federal Claims