ATTORNEYS & AGENTS

Stephen D. Milbrath

Email:
smilbrath@addmg.com

Telephone:
407-841-2330

Facsimile:
407-841-2343

Orlando

Practice Areas:

• Intellectual Property Litigation
• Intellectual Property Transactions
• Business Litigation and Alternative Dispute Resolution (ADR)

Admitted:

• 1977: Florida
• United States Supreme Court
• United States Court of Appeals: Federal, Fifth and Eleventh Circuits
• United States District Courts: Northern, Middle, and Southern Districts of Florida

Education:

• 1976: J.D., Oklahoma City University
• 1973: M.S., Florida State University
• 1972: B.A., University of Central Florida

Biography:

Mr. Milbrath is a Board Certified Business Litigation Lawyer. He has substantial experience in the trial and appeal of complex cases, including all phases of intellectual property, and in the representation of litigants in federal court appeals.

Mr. Milbrath served as the Law Clerk to the Honorable Dwain Box, Chief Judge, Oklahoma Court of Appeals, Division I, during 1975-76, and as the Law Clerk to the Honorable George C. Young, Chief Judge, United States District Court, Middle District of Florida in 1977-78. After his clerkship and a period of private litigation practice, Mr. Milbrath served as an Assistant United States Attorney for the Middle District of Florida during 1980-83 and as a Special Assistant United States Attorney in 1989, during which time he handled the prosecution of complex business and fraud crimes. The balance of his practice has involved the representation of parties in complex litigation, principally in federal court.

While in law school, Mr. Milbrath served as the Survey Editor for the Oklahoma City University Law Review (1976) and was the recipient of the American Jurisprudence Book Awards in Commercial Paper and Remedies.  

Mr. Milbrath’s legal publications include:

• "Non-price Vertical Restraints and Antitrust Law: Dealing with the Uncertainty in a Changing Legal Climate," 1 The Quarterly Report 11, Sp., 1988, Fla. Bar Business Section
• "Medical-Legal Ramifications…” 11 Bulletin of the American Academy of Psychiatry and the Law 57, 1983
• "Practice Under Florida Usury Law," Ch. 1 and 2, 1980 update
• Case Comment, “Supreme Court Restricts Standing Requirements to Challenge Exclusionary Zoning in Federal Courts,” 1 Okla. City Univ. L. Rev. 98, 1977
• Co-Author: “Medical-Legal Ramifications…” 11 Bulletin of the Am. Academy of Psychiatry and the Law 57, 1983
• Co-Author: "The Florida Antitrust Act of 1980," The Florida Bar Journal, October and November, 1980 (received the First Place Award, Section Column, The Florida Bar Journal).
• Co-Author: "Conflict of Laws," Survey of Oklahoma Law, 2 Okla. City Univ. L. Rev. 98, 1977.

Notable Decisions:

• Capo, Inc. v. Dioptics Medical Products, Inc., 387 F.3d 1352 (Fed. Cir. 2004) (Patent)
• Artisan Contractors Association of America, Inc. v. Frontier Insurance Company, et al., 275 F.3d 1038 (11th Cir. 2001) (Copyright)
• Montgomery v. Noga, 168 F.3d 1282 (11th Cir. 1999) (Copyright)
• Woodland Trust v. Flowertree Nursery, Inc., et al., 148 F.3d 1368 (Fed. Cir. 1998) (Patent)
• Pretty Punch Shoppettes, Inc. v. Marge Hauk d/b/a Creative Wonders, 844 F.2d 782 (Fed. Cir. 1988) (Patent)
• Fun Spot of Florida, Inc. v. Magical Midway of Central Florida, Inc., et al.,
• 242 F. Supp. 2d 1183 (M.D. Fla. 2002) (Patent, Trademark)
• ABP Patent Holding, LLC v. Convergent Label Technology, Inc., et al.,
• 194 F. Supp. 2d 1257 (M.D. Fla. 2002) (Patent)
• NIDA Corporation v. Ken Nida, et al. 118 F. Supp. 2d 1223 (M.D. Fla. 2000) (Trademark)

Affiliations:

• Adjunct Lecturer in Internet Law, Univ. of Florida, Levin Law Center (2002-03)
• American Intellectual Property Law Association
• Federal Bar Association
• The Florida Bar: Business Law Section, Intellectual Property Committee, Antitrust Committee, Commercial Litigation Committee
• Orange County Bar Association

Printed from Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A.
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