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Erik Milch

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Erik Milch is a partner in the Litigation Department and a member of the Intellectual Property, Patent Law and Trials group.

Erik brings more than 20 years of experience litigating in key jurisdictions across the U.S., as well as before the International Trade Commission and the U.S. Patent and Trademark Office. As a first-chair trial lawyer, Erik litigates complex matters involving medical devices, life sciences instrumentation, pharmaceuticals, electrical and computer technology, and consumer products. He regularly counsels clients in a range of industries in connection with patent procurement, development of patent portfolios, patent licensing, valuation of patent portfolios in business transactions and transactional diligence.

Erik has extensive experience in all aspects of patent litigation from pre-filing through appeal, including enforcement of patents against competitors and defense of patent infringement allegations. His technical background includes microfluidics, lab automation, optical imaging instruments, wound closure, surgical instrumentation, orthopedics, autoinjectors, tissue resection and sealing, pharmaceuticals, haptic feedback systems, computer software, consumer products, fluid mechanics applications, automotive engines and mechanical and electrical components, aerospace propulsion and control systems, weapons systems, and telecommunications.

Erik has been consistently recognized in Chambers USA and IAM Patent 1000 for his significant expertise in patent litigation. He was also recognized as a “Top Lawyer” by The Washingtonian.

Prior to pursuing a legal career, Erik earned a bachelor’s degree in mechanical engineering from Georgia Tech, where he developed a deep appreciation for cutting-edge technology and its potential to drive progress. His background in engineering equips him with a unique ability to comprehend intricate technical concepts. This enables him to effectively navigate the intricate world of patent litigation, combining his legal skills with technical know-how to provide comprehensive and strategic counsel to his clients.

In addition to his academic accomplishments, Erik served as an officer in the United States Navy. His military background instilled in him a strong sense of discipline, leadership, perseverance, and attention to detail; qualities that continue to guide him in his legal practice.

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On February 28, 2025, the U.S. Patent and Trademark Office announced that it was rescinding a 2022 memorandum that provided guidance regarding the application of the Apple v. Fintiv decision to the Patent Trial and Appeal Board’s discretion to deny patent challenges with pending parallel district court litigation. The PTO has referred parties back to precedent for guidance including Apple Inc. v. Fintiv, Inc. Rescinding the 2022 memorandum also has the effect of effectively removing the proposed rules related to discretionary denial that were under consideration as recently as last year.

As generative artificial intelligence (AI) continues to transform industries, its impact on patent law is raising critical legal questions. From the recognition of AI as an inventor and potential infringement risks posed by the AI-generated outputs to the use of AI in patent validity challenges, the legal landscape is rapidly evolving. This article explores how generative AI is reshaping patent litigation, including the legal implications for inventorship, infringement and validity.

The Federal Circuit’s decision in Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., has garnered significant attention, especially concerning the application of the “safe harbor” provision under 35 U.S.C. § 271(e)(1). The Federal Circuit’s ruling, and the subsequent denial of Edwards’s petition for rehearing en banc, underscores…