Biography
Aidan Miller is highly regarded for her ability to strategize with clients and seek out the best options for the protection of their intellectual property. With representation that ranges from startups to large corporations, Aidan enjoys working collaboratively with clients to meet their goals. Aidan’s experience spans each stage of the patenting process in a variety of fields of technology, including significant experience with appeal proceedings, post-grant proceedings, and other circumstances that require strategy and finesse. Aidan leverages that experience, and her ability to communicate effectively with the USPTO, to benefit each client and case to obtain the most favorable results possible.
Prior to joining BoMc, Aidan provided support in high-stakes patent infringement cases, including performing infringement and invalidity analyses, formulating arguments for claim construction, drafting pleadings, creating technology tutorials to help the court understand the technology at issue, and assisting in pre-trial proceedings, such as Markman hearings and depositions. Aidan’s ability to think forward and consider how a patent may be challenged in the future allows her to craft patent applications and prosecution strategies to offer protections against those possibilities during the patenting process.
Aidan is also a regularly invited guest lecturer at Arizona State University’s Sandra Day O’Connor College of Law, teaching law students in the patent law program about topics related to patent prosecution and real-life practice.
Highlights
- Successfully defended each of four patents against reexamination proceedings filed with the USPTO by a defendant-infringer seeking to invalidate each of a client’s asserted patents before trial in district court. The result of her strategic actions was immediate dismissal of the reexamination proceedings with the validity of the patents being reaffirmed by the USPTO in all four of the reexaminations, without needing to undergo lengthy examination, and without making any amendments to the patent claims.
- Consulted with a startup company and their software development team to strategically respond to a number of USPTO actions involving 35 U.S.C. § 101 rejections.
- Represented a startup company and, by listening to the client’s needs and goals, helped the client successfully navigate and confidently understand a first exposure to the patenting process by building the client’s first few patent applications in their patent portfolio.
- Authored and presented an argument on appeal to the Patent Trial and Appeal Board regarding a combination of references cited by the Examiner that, when applied to our client’s inventive device, would render the device inoperable. Based on the argument, the Board’s conclusion was in favor of our client.
Bar Admissions
- U.S. Patent and Trademark Office
Education
- Arizona State University Sandra Day O’Conner College of Law, M.L.S. Patent Practice, May 2017
- Arizona State University Ira A. Fulton School of Engineering, B.S., Computer Science, December 2015
Publications
- Author. “Patent Eligibility Restoration Act of 2023 Seeks to Clarify Patent Eligibility,” BoMc Blog, July 25, 2023.
Organizations
- American Intellectual Property Association (AIPLA), Member