Director William H. Milliken was quoted in the article "Don’t Be a 'Guinea Pig' After Medtronic Fed Circuit Case: Counsel," published by Managing IP, about the Federal Circuit's decision in Axonics v. Medtronic. From the article:
"Will Milliken, co-chair of Sterne Kessler’s appellate practice in Washington DC, says patent challengers should be thinking about potential claim construction disputes when drafting their petitions.
He adds that petitioners should anticipate how patent owners might argue this issue, even if challengers want to take the position that doing so isn’t necessary.
Milliken says that even if patent challengers don’t explicitly address this issue, they should craft their invalidity arguments to ensure that the case would work in their favor if a new claim construction determination was reached.
'This case illustrates the importance of thinking about how claim construction disputes might develop throughout the course of the proceeding,' he says."