Intellectual Property Litigation

Miller Johnson’s IP Litigation team delivers strategic, high-stakes intellectual property and technology litigation services that protect what matters most to our clients. Whether defending against complex claims or enforcing and monetizing valuable IP assets, we provide results-driven representation tailored to each client’s goals—from individual innovators to Fortune 500 companies – often against the world’s largest law firms and corporations. Clients choose us for our ability to turn legal challenges into business advantages through sharp advocacy and deep technical insight.

Irwin IP LLP has joined Miller Johnson, marking a powerful union of talent and expertise.

By combining our strengths, we enhance our ability to protect innovation and defend our clients in complex intellectual property matters. In today’s fast-paced economy, safeguarding ideas, technologies, and brands is more critical than ever. Together, we offer even more comprehensive and strategic solutions. Our shared values and aligned vision make this merger a natural fit—and we look forward to a successful future, united in service to our clients and communities.”

Miller Johnson Copyrights imageThe firm’s lawyers have a long history of success in copyright infringement matters, and their experience involves a diverse range of media. Our experience spans a wide range of industries, including computer software and other technology, financial services, engineering schematics, entertainment and media, toys and games, sculptural works, and automotive parts. The best evidence of our expertise in copyright matters is the fact that when a premier intellectual property law firm was sued for copyright infringement, it selected Barry Irwin, and his firm to handle its defense. Clients rely on us to provide full service for all of their copyright needs.

Custom DisputesU.S. Customs and Border Protection (“Customs”) has the authority to exclude from entry, detain, and/or seize merchandise it deems counterfeit.  Our attorneys have unparalleled experience both assisting clients with importation disputes with Customs and in helping to leverage Customs’ resources to help clients protect their intellectual property and prevent their market position from being eroded by illegal imports.  Our knowledge of both substantive intellectual property law and Customs’ procedural law gives our clients a huge advantage when dealing with these issues.

Design PatentsWe are unique among IP Litigation firms in having extensive experience litigating design patents. Some of these design patent litigation victories include: Lead counsel for a Fortune 500 company seeking licenses to design patents covering thousands of products as well as declaratory judgments of non-infringement and invalidity of some patents; lead defense counsel in design patent infringement case involving kitchen appliances in recreational vehicles; and, lead counsel for exclusive design patent licensee in design patent infringement litigation related to aftermarket vehicle parts brought by patent owner, resulting in a permanent injunction and attorney fee award.

The firm’s intellectual property litigators are experienced and well-versed in pursuing and defending against patent validity challenges before the Patent Trial and Appeal Board (“PTAB”) such as Post-Grant Reviews (commonly known as “PGRs”), and Inter Partes Review (commonly known as “IPRs”). PGRs and IPRs were introduced as part of the 2011 America Invents Act, and are collectively referred to as “AIA trials.” They represent a relatively recent, but oft-used, development in the field of intellectual property law, and provide an expedited and economical means to challenge the validity of a patent through review by the PTAB. In addition, we are well-versed in the Patent and Trademark Office’s reexamination procedure, which represents another cost-effective pathway for challenging a patent before the Patent Office.

Miller Johnson trade secrats imageThe firm’s lawyers have successfully protected trade secrets from unlawful misappropriation, and enforced non-compete agreements. In doing so, our lawyers not only saved their clients’ businesses, but made new law. We have also successfully defended clients against claims of wrongful misappropriation and breach of non-compete agreements, preserving their ability to continue working and selling key product lines.

Miller Johnson Trademarks imageThe firm’s lawyers recognize that your brand and your trademarks —and the goodwill they represent— are among your company’s most valuable assets. We are experienced and adept at handling the litigation of trademark and false advertising disputes arising under the Lanham Act and related state unfair competition laws. We understand that trademark and unfair competition matters frequently require urgent attention in the form of a preliminary injunction or a TRO proceeding.

The firm has extensive experience litigating offensive and defensive utility patent infringement matters in a diverse range of technologies. We have successfully litigated patent infringement matters against the largest, most prestigious law firms representing some of the world’s largest companies. Often, we have been able to resolve utility patent matters on an expediated basis by identifying key strategies to pursue at the onset of the case and deploying our resources to cost-effectively implement those strategies. The firm has the skill and resources needed to litigate any utility patent infringement matter, regardless of the size or the adversary, and is proud to have been retained for, and prevailed in, numerous patent infringement offensive and defensive litigation matters, including resolving matters through early dispositive motions, and, when necessary, prevailing at trial.

We have extensive experience in litigating a myriad of complex non-IP and IP-adjacent business matters, such as breach of contract, antitrust, unfair competition, and tortious interference claims. Our team has successfully assisted businesses that operate in a wide variety of industries—such as commercial equipment, film, fine arts, fitness equipment, aftermarket automotive parts, software and chemicals—in obtaining favorable results in even the most complex of matters. For example, we have successfully:

  • Resolved a dispute between a licensor and licensee and assisted in reacquiring licensing rights;
  • Obtained a settlement for an indemnification dispute between a commercial kitchen equipment dealer and equipment manufacturer;
  • Defended a motion to dismiss certain antitrust and RICO claims for a supplier of aftermarket automotive parts which was recommended to be dismissed in its entirety;
  • Secured a settlement for a replevin dispute for auction purchasers of a fine art painting;
  • Defended against summary judgment on antitrust counterclaims for a market leader; and
  • Obtained a settlement for a chemical company in a breach of contract case regarding a joint development dispute.

IP Litigation Resources

Our Intellectual Property Litigation Resources library is a trusted hub for staying ahead in the fast-paced world of IP law. Designed with client needs in mind, it offers tailored solutions and strategic guidance across a wide range of IP-related topics. Whether you’re preparing for trial, managing ongoing disputes, or seeking clarity on complex legal issues, our resources provide practical, one-stop insights—available 24/7 – empowering you to streamline your workflow and make informed decisions with confidence.

IP Litigation Presentations

Our attorneys frequently provide presentations on substantive issues of intellectual property and entertainment law at the behest of clients and for Continuing Legal Education events.  Some of these presentations deemed most responsive to client’s frequent questions are provided below for your convenient reference.

As we combine websites, please click on the arrow below to view Irwin IP publications.

As we combine websites, please click on the arrow below to view Irwin IP news.

Intellectual Property Transactions & Counseling

Miller Johnson’s Intellectual Property Transactions and Counseling practice helps clients strategically protect, manage, and commercialize their innovations. We guide businesses through the full lifecycle of IP assets—from securing patents, trademarks, and copyrights to structuring licensing agreements, joint ventures, and technology transfers. Our team combines legal precision with a deep understanding of business objectives, ensuring that IP portfolios are not only protected but also aligned with long-term growth strategies.

Practicing Attorneys