Robert Justin Miller

U.S. Court of Appeals for the District of Columbia Circuit circuit Retired 1945 · served 1937–1945 Appointed by Franklin D. Roosevelt (Democratic) 25 signed orders read

Judge Miller no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Miller decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Miller distinguished patentable invention from improvements that ordinary professional skill and the prior art would supply.

“the addition must be the result of invention, not the mero exercise of the skill of the calling and not one plainly indicated by the prior art”

He viewed systematic trial-and-error development as insufficient without a more personal inventive contribution.

“Something more personal to the inventor, something which better measures his imaginative powers, is required.”

Procedural preferences

Miller required parties challenging agency action to exhaust administrative remedies and develop a record fit for appellate review.

“appellant has had an opportunity to exhaust its administrative remedies before the Commission and to perfect a record upon which such questions as appealable interest may be intelligently determined.”

He treated mandamus against an executive officer as available only when the asserted duty was unmistakably defined and mandatory.

“the courts will not interfere to compel action by an executive officer unless his duty to act is clearly established and plainly defined, and the obligation to act is peremptory.”

Cautions

Miller would not permit habeas relief to become a collateral vehicle for relitigating alleged misconduct against a valid conviction.

“his own release by means of a collateral attack upon a valid judgment.”

He applied the first-filed custody principle where another court had already exercised jurisdiction over the child.

“the District of Columbia court in that case, being the first to take jurisdiction of the custody of the child.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Rosenberger v. Rosenberger
· 1938-01-24
Appeal (appellant) Granted

“Reversed and remanded, with instructions to dismiss the bill.”

United States ex rel. Kansas City Southern Ry. Co. v. Interstate Commerce Commission
· 1938-05-02
Petition for review (petitioner) Denied

“Affirmed.”

Woodmen of World Life Ins. v. Federal Communications Commission
· 1938-06-15
Petition for review (petitioner) Moot / procedural

“Appeal dismissed.”

Minnesota Mining & Mfg. Co. v. Coe
· 1938-08-15
Appeal (appellant) Denied

“Affirmed.”

Davis v. Davis
· 1940-07-15
Appeal (appellant) Granted

“Reversed.”

Hawley v. Hawley
· 1940-07-29
Appeal (appellant) Denied

“Affirmed.”

Hemphill Co. v. Coe
· 1941-02-10
Appeal (appellant) Denied

“Affirmed.”

Marine v. Coe
· 1941-02-24
Appeal (appellant) Denied

“Affirmed.”

Security Savings & Commercial Bank v. Aukam
· 1941-05-26
Appeal (appellant) Denied

“Affirmed.”

Parrella v. Parrella
· 1941-06-02
Appeal (appellant) Denied

“Affirmed.”

McDonald v. United States
· 1942-12-07
Appeal (appellant) Denied

“Affirmed.”

J. R. Beaton Co. v. Berberich
· 1943-04-30
Appeal (appellant) Denied

“Affirmed.”

Caseload & timing

From public federal docket records for this judge.

Not applicable to this circuit-court record.

A historical record

Judge Miller no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.