James Milkey

James Milkey is a patent litigation attorney at Russ August & Kabat, specializing in complex intellectual property disputes primarily involving software, data services, and computing technologies. His practice frequently addresses patents related to containerization, application migration, background data savings, push messaging, and targeted advertising.

Milkey demonstrates a balanced practice, having represented both plaintiffs (5 appearances) and defendants (3 appearances) in his tracked cases. He has served as counsel and trial counsel, handling matters for clients such as Datonics LLC, Headwater Research LLC, VirtaMove Corp., Red Hat, Inc., and Samsung Electronics Co Ltd.

At Russ August & Kabat, Milkey has been involved in significant patent litigation. He was listed on the original complaint in an AlmondNet v. Amazon case that resulted in a $121.95 million jury verdict for patents related to advertising technology. He also represented Headwater Research LLC, a client that has secured multi-million dollar jury verdicts for patents related to background data savings and push messaging against major technology companies. His work on behalf of VirtaMove Corp. includes patent infringement actions against Amazon, Google, IBM, and Oracle, involving containerization and application migration technology. Notable outcomes include a dismissal with prejudice in Virtamove Corp. v. International Business Machines Corp. et al., a transfer of VirtaMove Corp. v. Amazon.com, Inc. to the Northern District of California after a Federal Circuit mandamus denial, and a voluntary dismissal of a Federal Circuit appeal in Red Hat, Inc. v. VirtaMove, Corp.. Milkey has also appeared in PTAB proceedings, representing patent owners in IPRs.

Prior to joining Russ August & Kabat in 2021, Milkey was a Principal at Noroozi PC from 2018 to 2021 and an Associate at Irell & Manella LLP from 2011 to 2018. He earned his J.D. from Harvard Law School in 2011 and holds a Bachelor's degree in Electrical and Electronics Engineering from The University of Texas at Austin (2008). He was admitted to the State Bar of California on December 15, 2011.