Audrey A. Millemann




Audrey is a shareholder in the Firm’s Intellectual Property and Litigation practice groups.

She is a litigator and a registered patent attorney.

Audrey has over 30 years of experience as a Business Litigator. She has concentrated in Intellectual Property Litigation, including patent, trademark, trade dress, copyright, and trade secret matters. She has represented both plaintiffs and defendants in a variety of courts, including the E.D. California, N.D. California, C.D. California, N.D. Illinois, and District of Massachusetts. Audrey has also represented clients in proceedings before the Patent Trial and Appeal Board under the America Invents Act and the Trademark Trial and Appeal Board.

Audrey also has extensive experience litigating and advising clients in the areas of antitrust (Sherman Act, Robinson-Patman Act, Cartwright Act) and unfair competition (Lanham Act, Unfair Competition Law, Unfair Practices Act) in both federal and state courts. She has handled cases involving monopolization, price discrimination, tying, price-fixing, below-cost pricing, secret rebates, and locality price discrimination.

Audrey’s clients have included firms that produce chemicals, medical devices, health and nutraceutical products, software, insurance products, and continuing education products.

Audrey advises clients on all issues of Intellectual Property law, including ownership, infringement, invalidity, and patentability. She has also written and obtained the US and foreign patents for chemical compositions, biologically active compounds, methods of detecting disease at the cellular and molecular levels, screening methods for cancer cells, medical devices, biotechnology, computer software, business methods, and mechanical devices.

Before joining Weintraub Tobin in 1990, Audrey practiced for four years in Los Angeles, focusing on litigation involving business and entertainment. In 1989, in a high-profile paternity case in Los Angeles, Audrey obtained the first court order, in any California criminal or civil case, admitting evidence of DNA “fingerprinting.”

Audrey’s undergraduate and graduate degrees focused on cell and developmental biology and included extensive coursework in biochemistry and genetics. During and after graduate school, Audrey worked in the area of recombinant DNA technology.

State Bar of California, Anti-Trust and Unfair Competition, Intellectual Property Law and Litigation Sections

Sacramento County Bar Association, Intellectual Property Law Section

Meritas, Sacramento


AV® Preeminent™ Rating, Martindale-Hubbell®

Sacramento Magazine’s Top Lawyers List, 2015 – Antitrust

Sacramento Magazine’s Top Lawyers List, 2015-2022 – Intellectual Property, Litigation Intellectual Property

Sacramento Magazine’s Top Lawyers List, 2017- Litigation-Patents

Sacramento Magazine’s Top Lawyers List, 2019 – Trade Secrets

Sacramento Business Journal’s Best of the Bar, 2014, 2016 & 2018-2019

Northern California Super Lawyer, 2004, 2007-2022

J.D., University of California, Davis, 1986

M.S., Oregon State University, 1982

B.S., summa cum laude, Oregon State University, 1978

Postponed: Don’t Let Your IP Float Away in the Cloud!

Summary of Program Join attorneys from Weintraub Tobin’s Intellectual Property Group (Jo Dale Carothers and Audrey Millemann) for this 1 hour MCLE program. Program Highlights Overview of Cloud Computing and Cloud StorageWho owns the information in the Cloud?How are Patents, Copyrights, Trademarks and Trade Secrets affected by the Cloud?How private…

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35 Weintraub Attorneys Named to 2021 Northern California Super Lawyers and Rising Stars Lists; Firm Retains Highest Percentage of Sacramento Top 25 List

Weintraub Tobin is pleased to announce that 38 of its attorneys have been included on the 2021 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California.  In addition, 4 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Weintraub attorneys represent 16 percent…

33 Weintraub Tobin Attorneys Named to 2020 Northern California Super Lawyers and Rising Stars Lists; Retain Highest Percentage of Sacramento Top 25 List

Weintraub Tobin is pleased to announce that 33 Weintraub Tobin attorneys have been included on the 2020 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California.  In addition, 5 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Weintraub attorneys represent 20 percent of…

14 Weintraub Tobin Attorneys Named to Best of the Bar 2019

SACRAMENTO, California  – Weintraub Tobin congratulates its 14 attorneys who have been included in Sacramento Business Journal’s Best of the Bar 2019. Attorneys selected to the 2019 Best of the Bar list include Gary L. Bradus, Kay U. Brooks ,Dale C. Campbell,  Christopher Chediak, Janet Z. Chediak, Jim Clarke,Edward J.…

37 Weintraub Tobin Attorneys Named Among 2018 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California and San Diego lists of outstanding attorneys for 2018, on which 37 Weintraub Tobin attorneys have been included. Five Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer. Weintraub Tobin attorneys named to the 2018 Southern California…

21 Weintraub Tobin Attorneys Rated by Martindale-Hubbell®

SACRAMENTO, CA (August 7, 2017) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that 21 Weintraub Tobin attorneys are Martindale-Hubbell rated. Out of the 21 attorneys, 19 have received the AV Preeminent® Rating by Martindale-Hubbell®, while three attorneys have been given the Distinguished rating. AV…

What is a Design Patent?

A design patent protects a new, original, ornamental design for an article of manufacture. 35 USC section 171. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Those aspects are the shape or configuration of an article (like the shape of a bottle…

Alice is Alive and Well!

Not everything is patentable. First, only inventions are patentable. Second, only certain inventions are patentable. Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. 35 U.S.C. §101. These four types of inventions are referred to as patent-eligible subject matter. Some things, referred to as…

Trade Secret or Patent?

Business owners often ask whether they should protect their intellectual property with a trade secret or a patent.  The answer is:  It depends. What Can Be Protected?  The first thing to consider is what it is that needs to be protected.  A trade secret protects a business’s confidential and proprietary…

Is the PTAB Unconstitutionally Biased?

In Mobility Workx, LLC v. Unified Patents, LLC, (Fed. Cir. 2021), the Federal Circuit Court of Appeals addressed challenges to the constitutionality of the structure of the Patent and Trademark Office’s Patent Trial and Appeal Board. Mobility owned a patent for a wireless communication system.  Mobility sued T-Mobile and Verizon…

You Can’t Manipulate Venue!

How many of the lawyers out there liked hypotheticals in law school? I did not, but this case prompted me to write one!  So, for those of you who enjoy hypotheticals, here it is: Company A, a North Carolina LLC, owns four patents.  A new company is formed, Company B,…