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)

  • 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.)

  • 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)

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

  • 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

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

Webinar

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions

Virtual, January 23, 2024 1:00 PM - 2:00 PM EST

Speaking Engagement

2023 Focus on Pharma

Washington, DC, April 14, 2023 8:30 AM - 6:00 PM EST

Webinar

ENCORE: Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

Virtual, February 16, 2023 1:00 PM - 2:00 PM EST

Webinar

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

Virtual, February 2, 2023 1:00 PM - 2:00 PM EST

Speaking Engagement

Pro Bono “Now and Zen”: Views from the Bench & Bar

Sea Island, GA, Sea Island Resort, June 17, 2022 12:00 PM - 1:00 PM EST

Webinar

An Expert Guide to Appeals: U.S. Court of Appeals for the Federal Circuit [Boardroom]

Virtual, April 28, 2022 9:00 AM - 10:00 AM EST

Webinar

Preparing for PTAB and US ITC Appeals and Potential Litigation Processes

Virtual, April 14, 2022 11:00 AM - 12:00 PM EST

Webinar

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

Virtual, February 17, 2022 1:00 PM - 2:00 PM EST

Speaking Engagement

Appeals from the PTAB

Washington, DC, The Ritz-Carlton, Washington, DC, September 23, 2021 2:10 PM - 2:55 PM EST

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In the News

September 4, 2018

Generics Cos. Urge Fed. Circ. To Upend Depomed Patent Win

Law360

In the News

August 29, 2018

Fed. Circ. Impeding Biopharma Innovation, Justices Told

Law360

In the News

August 20, 2018

Allergan, Tribe Want PTAB Immunity Denial Reheard En Banc

Law360

In the News

July 20, 2018

Fed. Circ. Says Tribal Immunity Doesn't Apply In IPR

Law360

In the News

March 26, 2018

Generic Cos. Tell Fed. Circ. Not To Halt PTAB Restasis IPRs

Law360

In the News

March 8, 2018

Don't Revive Restasis Patents, Generic Cos. Urge Fed. Circ.

Law360

Reports

March 1, 2018

2018 Report: Federal Circuit Appeals from the PTAB - Summaries of Key 2017 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. Multiple Authors

In the News

November 30, 2017

High Court Split on Forcing Patent Office to Cover All Arguments

Blomberg BNA

Bylined Articles

June 29, 2017

PTAB Decisions May Face Chenery Attacks at Fed. Circ.

Law360 William H. Milliken

Bylined Articles

June 16, 2017

Supreme Court to Review Constitutionality of Inter Partes Review Process

Bloomberg BNA John Christopher “J.C.” Rozendaal, William H. Milliken