Will Ellerman

Will Ellerman


Office Location

The Roosevelt Tower
400 Austin Avenue, 9th Floor
Waco, Texas 76701


Will Ellerman is an accomplished trial lawyer with over twenty years of experience in handling intellectual property litigation and complex commercial cases. Mr. Ellerman has tried cases on both sides of the docket, having represented both plaintiffs and defendants in patent infringement cases and in high stakes, “bet the company” lawsuits. He has won multiple plaintiff and defense verdicts in state and federal courts across the nation.

In his intellectual property practice, Mr. Ellerman has represented public universities, research institutions, corporations, startups, and individual inventors in litigation and patent licensing. He has handled patent infringement lawsuits covering a variety of technology fields including video streaming, wireless communications, mobile devices, semiconductors, and medical devices. Mr. Ellerman has obtained multi-million dollar jury verdicts and settlements for his clients, and he is regarded for his strategic thinking, his ability to manage complex disputes in ways that minimize risks, and his ability to simplify complicated technologies in order to make them accessible to juries.

In his commercial litigation practice, Mr. Ellerman has handled a wide spectrum of cases involving contractual disputes, fraud and breaches of fiduciary duties, theft of trade secrets, banking and securities, oil and gas, First Amendment law, and other complex business disputes. He has also handled numerous appeals in federal and state courts and has briefed matters to the United States Supreme Court and multiple federal and state courts of appeal, and he has argued cases to many appellate courts, including the Texas Supreme Court.

Mr. Ellerman received his Bachelor of Arts degree, cum laude, from Tulane University. He then received his law degree, summa cum laude, from Baylor Law School, where he was the highest ranking student in his law school class. While at Baylor, Mr. Ellerman was named the 1998 Outstanding Law Student of Baylor University, was a member of Baylor’s national mock trial and moot court teams, and was the Symposium Editor and a Notes and Comments Editor of the Baylor Law Review.


  • Served as first-chair trial counsel in a patent infringement lawsuit involving video streaming technology, which resulted in a jury verdict of $25.9 million.
  • Served as lead counsel for a public university in a litigation campaign against major technology companies asserting infringement of patents related to Wi-Fi technology.
  • Represented a foreign corporation in multiple patent infringement lawsuits across the United States against major mobile device manufacturers.
  • Obtained two take-nothing jury verdicts on behalf of a securities brokerage firm in cases involving allegations of fraud, conspiracy, and RICO, in which the plaintiffs sought damages in excess of $40 million.
  • Obtained a multi-million dollar jury verdict on behalf of a restaurant franchisee against its franchisor.
  • Obtained a favorable settlement on behalf of individuals accused of an international scheme of corporate looting, theft of trade secrets, computer hacking, and breaches of fiduciary duty.
  • Represented a Japanese electronics company in a case involving allegations of corporate espionage and theft of trade secrets.
  • Obtained a reversal and rendering by the Texas Supreme Court of a jury verdict arising from a workplace accident.
  • Obtained a ruling from a Texas court of appeals, holding that a mandatory arbitration provision in the Texas Alcoholic Beverage Code was unconstitutional.
  • Represented over 100 clients as amici curiae in a landmark First Amendment case before the United States Supreme Court.
  • Represented 12 public universities across the United States as amici curiae in a case before the United States Supreme Court asserting the application of sovereign immunity to inter partes review proceedings.

Education Awards

Juris Doctor, summa cum laude, Baylor Law School

  • Graduated first in class
  • Spring 1998 Outstanding Law Student of Baylor University
  • Symposium Editor and Notes and Comments Editor, Baylor Law Review
  • Regional Champion and National Semifinalist, The National Mock Trial Competition
  • National Semifinalist, The National Moot Court Competition
  • Frank Newton Law Review-Advocacy Award
  • James P. Alexander Memorial Award
  • Scott, Douglass, Luton & McConnico Evidence Award