Dr. Seth Miller
Expert consulting services
Dr. Miller is a Ph.D. chemist, technology consultant, and inventor with 94 issued US patents across a wide array of applications. Dr. Miller has been qualified as an expert in numerous cases, including patent infringement, trade secret theft, and false advertisement. This site is dedicated to his work as an expert witness, infringement and invalidity searching, and other litigation support.
About Dr. Miller
Expert Background
I have worked as a consulting and testifying expert in nineteen cases, including patent infringement, IPRs, misrepresentation to shareholders, trade secret theft, false advertising, libel, breach of contract, and commercial disparagement. I have been qualified in cases concerning batteries, electrolysis, chemical formulations, surface chemistry, MEMS adhesion, and gas sorption, as a technical expert and as a commercialization expert. I have testified at trial seven times, including high stakes litigation as the primary technical expert on a battery patent lawsuit at the ITC between SK Innovation and LG Energy Solution. This case was resolved as part of a broader $1.8 billion settlement between the parties.
I was introduced to the legal system as a prolific inventor, author on 94 issued US patents. I received a Ph.D. in physical organic chemistry from Caltech in 1998, and have served as research faculty at the University of Colorado, Boulder.
Selected engagements
I been deposed or testified in eight trials or hearings, with details below
2019-2021
SK Innovation v LG Energy Solution
“Certain pouch-type battery cells, battery modules, and battery packs, components thereof, and products containing the same”, ITC 337-1179, retained by SK Innovation. Primary technical expert on all facets of claims relating to battery construction and packaging, analyzing infringement and validity. Conducted/coordinated technical analyses. This was a huge case, scrutinizing 15 devices against 35 claims, with an expert report that ran >2000 pages. Testified at deposition and before the judge at the ITC. The case settled after trial, but before an ITC decision, based on a broader compromise brokered by the Biden administration that resolved all international litigation between LG and SKI, and allowed construction of domestic EV battery manufacturing plants to proceed unimpeded. Link. Lead attorney: Heng Gong, Covington.
2023 - 2024
Tesla vs Pascale, et al (re: Rivian)
Expert on a trade secret theft case between Tesla, Inc. and Rivian Automotive, Inc. Authored declarations relating to what elements of battery manufacturing technology is generally known, versus what can be reasonably considered to be trae secret. Retained by Goodwin Procter on behalf of Rivian Automotive. Case has provisionally settled.
2022-2024
Oxygenator Water Technologies vs Tennant Corporation
Testifying technical expert on a patent infringement case related to an electrochemical cell for the generation of oxygen bubbles. Lead Attorney: Nathan Louwagie, Carlson Casper. I testified on matters f infringement at trial on behalf of the plaintiff (patent-holder). The jury found that the defendant knowingly infringed on several patents held by plaintiff, opening up the case to treble damages. The final scope of damages is still being determined.
2019-2022
Absorption Pharmaceuticals, LLC v Reckitt, LLC
Testified at jury trial in $450M trade secret theft case on behalf of Absorption Pharmaceuticals. My role was to explain the chemistry behind Absorption's technology to the jury. Case was decided for Reckitt. Link.
2023-2024
Shareholder class action litigation, battery technology, <shareholders> vs QuantumScape
Technical expert evaluating whether misrepresentations related to a novel battery technology were made to shareholders of a publicly traded (via SPAC) company. My report considered the technical claims about battery performance and reliability; estimates of its future costs, and the maturity of the underlying technology. Drafted 297 page expert report. Case settled for $47M.
2022
Breach of Contract Arbitration, client confidential
Testified in front of a 3 judge WIPO arbitration tribunal on behalf of a large research organization as a commercialization expert, on whether the opposing party fulfilled its contractual obligations to commercialize a materials science technology. Details of the private panel remain confidential.
Work Experience
Technical resume
Heron Scientific, Inc
November 2008 - present
As managing director, served as a technology and innovation consultant to startups, Fortune 500 clients, and venture investors for projects where cutting edge chemistry and materials science promises to advance performance.
Fortius Metals, Inc
May 2022 - December 2024
Member of the advisory board of a VC-funded 3D metal printing company.
University of Colorado, Boulder
January 2009 - January 2014
Research faculty, collaboration with Prof. Doug Gin, Chemical Engineering on battery research. Consultant to Prof. Steve George, Chemistry on surface deposition and etch research.
Zettacore, Inc.
June 2005 - November 2008
As principal polymer chemist, I developed a new class of high strength gelled liquid electrolyte for a semiconductor memory device that stored bits in the redox states of porphyrin monolayers and multilayers. Raised $500,000 in grant support for Zettacore’s successor company, eSionic, to develop the technology further.
Texas Instruments
February 2000 - June 2005
In 2001 elected as Group Member, Technical Staff, fastest in division history. Developed new technical solutions to dramatically to improve the optical contrast ratio of DLP systems. Identified an unanticipated photodegradation mechanism in fielded devices, and led the team to develop a remedy that shipped as a “free upgrade” <9 months from project inception. Led teams of up to 20 engineers in integration and qualification of new anti-adhesion coatings.
Academic Research
September 1992 - February 2000
Ph.D., Chemistry, Caltech (1992-1998)
Postdoctoral research, UC Berkeley (1998-200)
Focus on physical organic chemistry and nanoscale engineering of solid materials.
Patents and Publications
Author on 94 issued US patents, and an additional 28 US patent applications. I also have appeared an author on 17 academic publications and conference proceedings in the field of electrochemistry, hermetically sealed packages, MEMS, and nanostructured materials. My patents and publications have had a substantial impact on industry and have been cited over 1700 times, with an H-factor of 23, meaning 23 publications with 23 or more citations.
Three patents illustrative of my technical work are shown below.
A solvent composition comprising an organic solvent; dispersed nanoparticles; and a non-volatile electrolyte.
This invention was developed as a solid state battery electrolyte, with additional applications in data storage, dye sensitized solar cells, and even capture and purification of carbon dioxide gas. This patent family has been cited over 100 times.
A micromechanical device having a deflectable member which contacts a stationary member. An antireflective coating is applied to portions of the micromechanical device to limit undesired reflection from the device. A passivation or lubrication layer is applied to the device to reduce stiction between the deflectable member and the stationary member. An insulator layer is utilized between the antireflective coating and the lubrication layer to prevent photoelectric-induced breakdown of the lubrication layer.
This invention was developed to fix a reliability limitation in the DMD display device at Texas Instruments, but was further designed to improve the device's contrast ratio performance as well. It has since shipped on billions of dollars worth of product. The patent has been cited over 50 times.
A vacuum insulated glass unit (VIGU) comprises a first pane of a transparent material and a second pane of a transparent material. The second pane is spaced apart from the first pane to define a cavity therebetween. At least one of a spacer and an array of stand-off members is disposed between the first and second panes to maintain separation therebetween. A first adhesive layer forms at least a portion of a gas-tight connection between the first pane and the second pane. A highly hermetic coating is disposed over the adhesive layer, where the coating is an inorganic layer.
This patent applied atomic layer deposition (ALD) to improve the seal of a vacuum window, for use in building construction. The technology can be applied to improve the hermeticity and reduce the cost of vacuum packages in many applications. It has been cited 39 times.
Analytical techniques
I draw on experience with a range of chemical and physical characterization methods and approaches to data analysis.
Chemical analysis
Deformulation and component identification
Gas phase and liquid phase separations coupled to mass spectroscopy (GCMS and LCMS), Time of flight mass spectroscopy (TOF-SIMS), Nuclear Magnetic Resonance (NMR), Infrared spectroscopy (FT-IR), Visible spectroscopy (UV-VIS), Photoelectron spectroscopy (XPS and UPS), Differential scanning calorimetry (DSC), Thermogravimetric analysis (TGA), and others
My success in industry has come as a systems-level thinker, applying scientific reasoning to solve practical problems. While I am happy to talk about the trees, I never forget that my job is to find the best path through them.
Let’s Connect
1025 Neon Forest Circle, Longmont CO 80504
seth (at) heronscientific (dot) com
+1-720-432-4332
