- J.D., University of Texas, 2009, with honors, Managing Editor, The Review of Litigation
- B.A., Claremont McKenna College, 2004
- Intern to the Honorable Victor J. Wolski, United States Court of Federal Claims
- Federal Circuit Court of Appeals
- United States District Court, Southern District of California
- United States District Court, Central District of California
- United States District Court, Eastern District of Texas
Mr. Mueller is an associate in the Intellectual Property and Business Trial Practice Groups in Sheppard Mullin's Del Mar office.
Areas of Practice
Mr. Mueller's practice involves intellectual property, general business, and commercial litigation. His practice includes various types of complex litigation. Mr. Mueller represents clients in litigation regarding the infringement and validity of their patents and third-party patents, and matters involving trade dress and trade secrets. He also has experience in wage and hour class actions, legal malpractice defense, and contract disputes.
Mr. Mueller’s litigation experience covers all major aspects of litigation, including pre-filing investigations, all phases of fact and expert discovery, claim construction, summary judgment, trial preparation, trial, post-trial proceedings, and appeals. His experience includes taking and defending expert and fact witness depositions and managing the day-to-day operations of major patent litigations.
Prior to beginning his legal career, Mr. Mueller worked in the United States Senate on a range of issues, including the judiciary and social security reform. In addition to his legal work, he is a Del Mar representative on Sheppard Mullin’s Associate Forum and a member of the Recruiting Committee. He is also an active participant in the San Diego County Bar Association’s Children At Risk outreach program.
- San Diego Rising Star, Super Lawyers, 2015
Intellect Wireless v. HTC: Obtained dismissal of a multi-patent infringement suit relating to sending pictures to a paging receiver after a bench trial on inequitable conduct in the Northern District of Illinois. Represented the defendant/appellee in the plaintiff's appeal to the Federal Circuit. Obtained precedential opinion upholding district court verdict on inequitable conduct. Obtained an exceptional case finding and attorneys' fees judgment exceeding $4 million against the plaintiff and the plaintiff's attorneys. See 732 F.3d 1339 (Fed. Cir. 2013); 910F. Supp. 2d 1056 (N.D. III. 2012).
Intellect Wireless v. HP/Palm: Obtained dismissal of a multi-patent infringement suit in the Northern District of Illinois relating to sending pictures to a paging receiver. The accused technology is multimedia messaging service (MMS). Obtained an exceptional case finding and attorneys' fees against the plaintiff and the plaintiff's attorneys. See 45F. Supp. 3d 839 (N.D. III. 2014).
Wi-LAN v. PCD: Represented a defendant in the Eastern District of Texas in a two-patent infringement suit relating to Wi-Fi and CDMA2000 technologies. Resulted in favorable settlement for PCD after filing three motions for summary judgment on PCD's behalf.
Wi-LAN v. Alcatel-Lucent: Represented HTC in a multi-patent lawsuit in the Eastern District of Texas relating to 3G cellular technology, including HSDPA, HSUPA, and HSPA. Successfully narrowed suit to a single patent being asserted against HTC. Obtained jury verdict of non-infringement and invalidity of all asserted claims.
Wi-LAN v. HTC: Represented a defendant in a multi-patent lawsuit in the Eastern District of Texas relating to Wi-Fi, Bluetooth, Wi-Max and CDMA2000 (EVDO Rev. A) technologies. Obtained a favorable settlement of all claims after filing a motion for summary judgment.
Wi-LAN v. Apple: Representing HTC in a multi-patent lawsuit in the Eastern District of Texas relating to Wi-Fi, HSPA, LTE and CDMA2000 (EVDO Rev. A) technologies. Case now consolidated with Wi-LAN v. HTC.
InvestPic v. Calypso: Represented a defendant in the District of Delaware in a patent infringement suit related to financial and investing software.
Golden Bridge v. HTC: Represented a defendant in a two patent lawsuit in the District of Delaware relating to WCDMA 3G technology. Obtained dismissal after summary judgment and trial victories in related cases.
Millennium Labs v. Ameritox: Represented plaintiff in a trade dress and unfair business practices lawsuit in the Southern District of California.
Nyko v. PDP: Representing a defendant in the Central District of California in patent infringement lawsuits relating to video game controllers. Obtained summary judgment invalidating the asserted claims of Nyko's patent. Represented the defendant/appellee in the plaintiff's appeal, in which the Federal Circuit upheld the District Court decision per curiam. See 589 Fed. Appx. 987 (Fed. Cir. 2015).
LendingTree v. Zillow: Represented LendingTree in a patent infringement and antitrust jury trial in the Western District of North Carolina related to obtaining loan information over the internet. Successfully defeated antitrust claims. The case is currently on appeal.
TCL Communication Technology Holdings v. Ericsson: Representing TCL Communication in a breach of contract action relating to FRAND and the IPR policies of ETSI and 3GPP regarding 2G (GSM/GPRS/EDGE), 3G (UMTS) and 4G (LTE) technology in the Central District of California.
Represented a national franchisor in San Diego Superior Court in litigation involving contract claims asserted by franchisees.
Obtained a motion to dismiss for a national transportation provider in the Southern District of California in litigation involving allegations of breach of a purported online contract.
Represented the seller of property in dispute over disclosures made during sale.
Represented a women from Somalia in obtaining asylum in the United States.
Represented a man from Bangladesh in obtaining asylum in the United States.
Intellectual Property Law Blog Posts
- "Federal Circuit Affirms Inequitable Conduct Determination Under Therasense "But For" Exception and Reaffirms Significance of Rohm & Haas," October 9, 2013
- "Federal Circuit Declines to Adopt Test for Patent Eligibility Set Forth in CLS Bank," August 17, 2012
- "Federal Circuit Extends ResQNet and Allows Discovery of Settlement Negotiations," April 20, 2012
- Law360, July 21, 2015
- San Diego County Bar Association
- Federal Bar Association
- Association of Business Trial Lawyers
- The Hon. J. Clifford Wallace Inn of Court, Associate
- Texas Exes