Will is particularly well-known for his work in the U.S. Court of Appeals for the Federal Circuit, where he leverages his deep knowledge of procedural and substantive appellate law to achieve successful outcomes for his clients.

Overview

William H. Milliken is a director in Sterne Kessler’s Trial & Appellate and Electronic Practice Groups. Will is co-chair of the firm’s appellate practice and focuses on patent litigation in the United States Court of Appeals for the Federal Circuit, federal district courts, the International Trade Commission, and the Patent Trial and Appeal Board. He has extensive experience trying patent infringement cases in district court and briefing and arguing Federal Circuit appeals and complex motions. His clients include leading companies in the hi-tech, consumer products, pharmaceutical, and manufacturing industries.

Will is particularly well-known for his work in the U.S. Court of Appeals for the Federal Circuit, where he leverages his deep knowledge of procedural and substantive appellate law to achieve successful outcomes for his clients.

Will also has an extensive pro bono practice focusing on veterans’ appeals and Eighth Amendment issues. He has litigated in the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit, and the federal district courts on behalf of veterans seeking disability benefits and incarcerated individuals seeking habeas corpus.

Will is an Adjunct Professor of Law at the Antonin Scalia Law School of George Mason University, where he teaches an upper-level seminar on Patent Office litigation.

Will graduated first in his class at Vanderbilt University with a B.A. in mathematics and received his J.D., magna cum laude, from Harvard Law School. While at Harvard, Will was a winner of the Ames Moot Court Competition and served as executive editor of the Harvard Law & Policy Review. After law school, he clerked on the United States District Court for the Eastern District of Louisiana and the United States Court of Appeals for the First Circuit. He has authored two law review articles on constitutional criminal procedure and has written several problems for Harvard Law School’s moot court competition.

In addition to patent litigation, Will enjoys skiing, running, playing guitar, and spending time with his wife and his dogs Lulu and Rocco.

Technical Publications

  • Retroactivity, the Due Process Clause, and the Federal Question in Montgomery v. Louisiana, 68 Stan. L. Rev. Online 42 (with Jason Zarrow) (2015)
  • The Retroactivity of Substantive Rules to Cases on Collateral Review and the AEDPA, With A Special Focus on Miller v. Alabama, 48 Ind. L. Rev. 931 (with Jason Zarrow) (2015)

Representative Matters

  • MiiCs & Partners America, Inc v. Funai Electric Co., Ltd., C.A. No. 14-804-RGA (D. Del.)
  • Allergan Sales, LLC v. Teva Pharmaceuticals USA, Inc., C.A. No. 2:15-cv-1471-JRG-RSP (E.D. Tex.)
  • Allergan, Inc. v. Teva Pharmaceuticals USA, C.A. No. 2:15-cv-1455-WCB (E.D. Tex.)

Accolades

  • Patexia, “100 Most Active CAFC Attorneys Representing Patent Appellants (Top 10)” (2022)
  • Patexia, “100 Most Active CAFC Attorneys Overall (Representing Appellants and Appellees) (Top 50)” (2022)
  • Patexia, “100 Best Performing CAFC Attorneys Representing Appellees (Top 50)” (2022)
  • Patexia, “100 Best Performing CAFC Attorneys Representing Appellants (Top 50)” (2022)
  • Patexia, “100 Best Performing CAFC Attorneys Overall (Representing Appellants or Appellees) (Top 50)” (2022)

Education

  • J.D., Harvard Law School, magna cum laude
  • B.A., Mathematics, Vanderbilt University, summa cum laude

Admissions

  • District of Columbia
  • District of Columbia Court of Appeals
  • Supreme Court of the United States
  • Tennessee
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Ninth Circuit

Clerkships

  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the Eastern District of Louisiana

Related Resources From William H. Milliken

Firm Announcements Sterne Kessler Secures Victory on Behalf of Client Teva Pharmaceuticals Sterne, Kessler, Goldstein & Fox April 24, 2024
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Firm Announcements Sterne Kessler and Patterson IP Law Team Up to Secure $12.9M Wirtgen Win Over Caterpillar Sterne, Kessler, Goldstein & Fox February 27, 2024
In the News Caterpillar Owes Deere $13 Million in Road-Milling Patent Trial Bloomberg Law February 27, 2024
In the News Caterpillar to Pay Wirtgen $12.9M in Damages After Patent Battle Construction Briefing February 26, 2024
In the News Petition Watch: Patent Obviousness, ADA Trials, Spoofing Law360 January 25, 2024
In the News Teva Defeats Infringement Claims on Endocrine Drug New Jersey Law Journal January 3, 2024
Firm Announcements Sterne Kessler Secures Non-Infringement Win for Teva Pharmaceuticals Sterne, Kessler, Goldstein & Fox January 3, 2024
In the News VW To Settle Part Of Cellular Tech Patent Fight With Neo Law360 December 18, 2023
In the News Delaware Jury: Guardant Willfully Infringed Patents With DNA Sequencing Kits Mealey's Litigation Report: Intellectual Property, pub. 41094 November 16, 2023
Firm Announcements Sterne Kessler Scores $83.4M Federal Jury Verdict for TwinStrand Biosciences, Inc. Sterne, Kessler, Goldstein & Fox November 15, 2023
In the News Sanofi Can Thank Thomas Edison And Samuel Morse For IP Win The National Law Journal May 19, 2023
In the News Counsel Predict Sanofi Victory in SCOTUS Enablement Case Managing IP March 29, 2023
In the News Supreme Court Brief: Fact-Dependent IP Hearing | ADA ‘Tester’ Case Supreme Court Brief March 28, 2023
In the News Shibuya Sheds $38 Million Patent Loss With Noninfringement Order Bloomberg Law March 15, 2023
Press Release Sterne Kessler Publishes Report Examining Key 2022 Federal Circuit Rulings on PTAB and ITC Appeals Sterne, Kessler, Goldstein & Fox February 7, 2023
Firm Announcements Sterne Kessler Scores Another District Court Patent Win for Client Block Inc. Sterne, Kessler, Goldstein & Fox January 25, 2023
In the News Tidal Escapes Patent Suit Over Music Playlist Tech Law360 January 25, 2023
In the News Patent Cases To Watch in 2023 Law360 January 2, 2023
In the News Teva, Apotex Win Ax of Patents in Sleep Drug Suit Law360 December 13, 2022
In the News Patexia Insight 161: Top CAFC Law Firms of 2022 Patexia December 1, 2022
In the News Fed. Circ. Rejects Mandamus Bids To End Ex Parte Reexams Law360 November 22, 2022
In the News Ruling May Spur New Patent Venue Rows Over Remote Work Law360 November 3, 2022
In the News Skilled in the Art With Scott Graham Law.com October 14, 2022
In the News SCOTUS Flinches at ‘Extremes’ in Warhol ‘Prince’ Case World Intellectual Property Review October 13, 2022
Firm Announcements Sterne Kessler Raises Over $34,000 for the Legal Aid Society of the District of Columbia Sterne, Kessler, Goldstein & Fox August 8, 2022
In the News Skilled in the Art With Scott Graham Law.com May 6, 2022
Firm Announcements District Court Patent Win for Client Block, Inc. Sterne, Kessler, Goldstein & Fox May 3, 2022
In the News Pennsylvania Prison Beats Patent Suit Over Scanning Inmate Mail Bloomberg Law April 26, 2022
Firm Announcements District Court Patent Victory in Infringement Suit Sterne, Kessler, Goldstein & Fox April 25, 2022
In the News Litigator of the Week Runners-Up and Shout Outs Law.com February 18, 2022
In the News Federal Circuit Tosses Naloxone Patents Law Street Media February 11, 2022
In the News Teva Win Invalidating Narcan Patents Upheld by Federal Circuit Bloomberg Law February 10, 2022
In the News Split Fed. Circ. Won't Restore 4 Narcan Patents Law360 February 10, 2022
In the News The Most-Read IP Law360 Guest Articles of 2021 Law360 December 23, 2021
In the News Fed. Circ. Rules 'Abusive' IPRs Can't Be Revived As Reexams Law360 September 29, 2021
In the News Fed. Cir. Limits Review of Serial Patent Challenges (Correct) Bloomberg Law September 29, 2021
In the News Teva Win on Three Migraine Drug Patents, Losses on Six Upheld Bloomberg Law August 16, 2021
In the News The Sharpest Dissents From The Supreme Court Term Law360 July 6, 2021
In the News SCOTUS Upholds ‘Century-Old’ Assignor Estoppel Doctrine Intellectual Property Magazine June 30, 2021
In the News High Court Patent Review Ruling Helps Agency Head Shape Results Bloomberg Law June 22, 2021
In the News Skilled in the Art Law.com April 23, 2021
In the News Federal Circuit Backs Caterpillar Rival's Patent Win Law360 March 15, 2021
In the News Arthrex Hearing: Justices Wrangle with ‘Tough Questions’ Intellectual Property Magazine March 2, 2021
In the News The Supreme Court PTAB Cases That Came Before Arthrex Law360 February 25, 2021
Press Release Sterne Kessler Elects Three New Directors and Promotes Four Attorneys to Counsel Sterne, Kessler, Goldstein & Fox January 13, 2021
In the News Justices Skip Case Horizon Said Puts 32K Patents At Risk Law360 November 3, 2020
In the News Patent Reviews in ‘Limbo’ As Supreme Court Takes Case on Judges Bloomberg Law October 14, 2020
Press Release Sterne Kessler Publishes 2019 PTAB Year in Review Report Sterne, Kessler, Goldstein & Fox P.L.L.C. February 28, 2020
Press Release Sterne, Kessler, Goldstein & Fox Summarizes Key Decisions in 2019 Federal Circuit Appeals From The PTAB Report Sterne, Kessler, Goldstein & Fox P.L.L.C. February 3, 2020
In the News Teva Gets PTAB To Review Cushing's Syndrome Drug Patent Law360 November 21, 2019
In the News Supreme Court Refuses 'Blocking Patent' Rule Case Law360 June 3, 2019
In the News Fed. Circ. Won't Revisit Restasis Patent Ruling Law360 April 6, 2019
In the News Fed. Circ. Won't Revisit Restasis Patent Ruling Law360 March 6, 2019
In the News Restasis Patent Redo Bid 'Inappropriate,' Fed. Circ. Told Law360 February 15, 2019
In the News Fed. Circ. Affirms Toshiba Win Over LCD Screen IP Suit Law360 January 22, 2019
In the News Fed. Circ. Won't Restore Allergan's Restasis Patent Claims Law360 November 13, 2018
In the News Fed. Circ. Urged Not to Stay Immunity Ruling for Appeal Law360 November 6, 2018
In the News Allergan, Generic Cos. Battle Over Restasis Launch Plans Law360 October 31, 2018
In the News Fed. Circ. Rejects Bid For PTAB Tribal Immunity Rehearing Law360 October 22, 2018
In the News No Need To Reconsider Immunity At PTAB, Fed. Circ. Hears Law360 September 19, 2018
In the News Generics Cos. Urge Fed. Circ. To Upend Depomed Patent Win Law360 September 4, 2018
In the News Fed. Circ. Impeding Biopharma Innovation, Justices Told Law360 August 29, 2018
In the News Fed. Circ. Says Tribal Immunity Doesn't Apply In IPR Law360 July 20, 2018
In the News High Court Split on Forcing Patent Office to Cover All Arguments Blomberg BNA November 30, 2017