Erik B. Milch

Erik B. Milch is a seasoned patent litigator with over 25 years of experience, serving as a first-chair trial lawyer across various key U.S. jurisdictions, the International Trade Commission, and the U.S. Patent and Trademark Office. His practice encompasses complex matters involving medical devices, life sciences instrumentation, pharmaceuticals, electrical and computer technology, and consumer products. His technical background, including a bachelor's degree in mechanical engineering, allows him to handle intricate technologies such as microfluidics, lab automation, optical imaging instruments, and telecommunications. Milch also provides strategic patent counseling, including patent procurement, portfolio development, licensing, and valuation.

Milch demonstrates a balanced practice, representing both plaintiffs and defendants in patent infringement allegations. His tracked appearances reflect this, with three cases on the plaintiff side and two on the defendant side, where he has frequently served as lead counsel. He has extensive experience in all phases of patent litigation, from pre-filing through appeal, including both enforcing patents and defending against infringement claims.

Currently a partner and co-head of the Patent Law practice at Proskauer Rose, Milch joined the firm in July 2023, bringing his expertise to its Intellectual Property and Trials group. Prior to Proskauer, he was a partner at Cooley LLP. Notable cases in his recent practice include his lead counsel roles in the ongoing patent disputes between Haemonetics Corporation and Terumo BCT, Inc., and Haemonetics Corporation and Fresenius Kabi USA, LLC, which involve plasmapheresis systems and related medical device technology. He has also authored analyses on significant Federal Circuit decisions, including those concerning Section 101 eligibility for smart dumbbells, a $4.7 million verdict reversal in a sequencing methods case, and the vacating of a $300 million award against Apple in an LTE patent dispute.

Milch is actively involved in post-grant proceedings before the Patent Trial and Appeal Board (PTAB), regularly initiating and defending inter partes review (IPR) and other post-grant challenges. His experience includes guiding clients through all aspects of these proceedings, from filing to appeal, as evidenced by his involvement in cases like Terumo BCT, Inc. v. Haemonetics Corporation (IPR2025-01374), which recently addressed requests for Director Review regarding inconsistent arguments. He has also written on strategic recalibrations in PTAB litigation. He earned his J.D. from George Mason University, Antonin Scalia Law School, and a B.M.E. from Georgia Institute of Technology, and is admitted to the bars of the District of Columbia, New York, Virginia, and registered with the U.S. Patent and Trademark Office.