BIO

Personal Profile

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Stephen Milbrath is Board Certified by The Florida Bar in Business Litigation and Intellectual Property Law. He has substantial experience in the trial and appeal of complex cases, including all phases of intellectual property and business law, and in the representation of litigants in federal and state court appeals. He is available for consultation with other firms requiring co-counsel in IP or complex cases.

Mr. Milbrath served as a law clerk to the Honorable Dwain Box, Chief Judge, Oklahoma Court of Appeals, Division I, while in law school, and as the law clerk of to the Honorable George C. Young, Chief Judge, United States District Court, Middle District of Florida in 1977-78, after graduating third in his class. After his Clerkship and a period of  private practice with a litigation firm, Mr. Milbrath served as an Assistant United States Attorney for the Middle District of Florida during 1980-83 and a Special Assistant United States Attorney in 1989.

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

Practice Areas

Intellectual Property Litigation and Complex Business Litigation and Appeals

Admitted:

The Florida Bar (Since 1977)

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

J.D., Oklahoma City University

M.S. P.A., Florida State University

B.A., University of Central Florida

1972

1973

1976

Affliliations

Adjunct Lecturer in Internet Law, University of Florida, Levin Law Center (2002-03)

The Florida Bar: Business Law Section, Member:
Intellectual Property Committee and Computer and Cyber Law Committees

Orange County, Lake County and Seminole County Bar Associations.

 

The Federalist Society

Professional History:

Dec 1986 - Nov 1991

Dec 2020 - Present

Feb 2017 - Dec 2020

Nov 1991 - Feb 2017

Accel IP Law, PLLC Orlando and Cocoa FL:  Partner: handing business litigation and trademark and copyright litigation. Websites: www.acceliplaw.com; www.theiplitigator.com. Orlando office: 1137 Edgewater Drive, Orlando, FL 32804.

Byrd Campbell, P.A., Winter Park, FL: Manager of IP Group, Senior litigator

Allen, Dyer, Milbrath, Gilchrist, & Doppelt, P.A., Orlando, FL:  Shareholder: Intellectual Property Litigation and Business and Antitrust Litigation

Litchford, Christopher & Milbrath, P.A., Orlando, FL: Shareholder: Intellectual Property Litigation, Antitrust and Business Litigation

Representative Cases:

Silvers v. Verbata, Inc., 2017 WL 12752 (M.D. Fla. Dec 1, 2017) (Copyright Ownership) and Silvers v. Verbata, Inc., JMS Arbitration Ref. No 1220059662 (June 29, 2021) (awarding over $1 Million in Damages, punitive damages and attorney’s fees and declaring copyright ownership to my client)

George & Co, LLC v. Spin Master Corp., 2018 WL 5268754 (M.D. Fla. Sept. 13, 2018) (Trademark)

Subic Bay Marine v. JV China, 257 So.3d 1139 (Fla. 5th DCA 2018) (Jurisdiction) Holding Co. The Villages v. Little John’s, 2017 WL 6319549 (M.D. Fla. Dec. 11, 2017) (Trademark dilution)

Naxos Rights US, Inc. v. Wyatt, 2016 WL 5724064 (M.D. Fla. Feb. 29, 2016) (Copyright Ownership)

Sweepstakes Patent Co., LLC v. Burns, 610 Fed. Appx. 1006 (Fed. Cir. 2015) (Patent)

 

High Tech Pet Prods., Inc. v. Shenzhen Jianfeng 2015 WL 926048 (M.D. Fla. 2015) (Trademark)

Platypus Wear, Inc. v. Horizonte Ltda., 558 Fed. Appx. 929 (11th Cir. 2014) (Trademark Eyepartner, Inc. v. Kor Media Group, LLC.,2013 WL 3733434 (S.D. Fla. 2013) (Copyright) MacKillop v. Parliament Coach Corp., 2009 U.S. District LEXIS 103588 (M.D. Fla. Oct.21 2009) (Warranty)

800 Adept, Inc. v. Murex Securities, 505 F. Supp. 2d 1327 (M.D. Fla. 2007) (Patent) Capo, Inc. v. Dioptics Medical Products, Inc., 387 F.3d 1352 (Fed. Cir.2004) (Patent)

Artesian Contractors Assoc. v. Frontier Ins. Co., 275 F.3d 1038 (11th Cir.2001) (Copyright and Trademark)

Montgomery v. Noga, 168 F.3d 1282 (11th Cir. 1999) (Copyright)

Woodland Trust v. Flowertree Nursery, Inc., 148 F.3d 1368 (Fed. Cir. 1988) (Patent)

Pretty Punch Shoppettes, Inc. v. Marge Hauk d/b/a Creative Wonders, 844 F.2d. Cir. 1988) (Patent)

Fun Spot of Florida, Inc. v. Magical Midway, 242 F. Supp. 2d 1183 (M.D.) Fla. 2002) (Patent, Trademark)

ABP P. Holding LLC v. Convergent Label Technology, Inc., 194 F. Supp. 2d 1257 (M.D. Fla. 2002) (Patent)

NIDA Corporation v. Ken Nida, 118 F. Supp. 2d 1223 (M.D. Fla. 2000) (Trademark)

Representative Bar Presentations And Lectures:

Case Law Update: Software Related Copyright Issues, IP Committee Meeting at the Florida Bar

 

Business Law Section 14th Annual Retreat in Naples (Sept. 5, 2009)

Willfulness: A year After Seagate (published for AIPLA Annual Meeting, Oct. 2008)

 

Overview of Patents, “The International Forum, 2008 Annual Meeting (Jan. 14, 2008)

Securing, Preserving, and Enforcing Intellectual property in Trade Secrets in the Plastics Industry (Fluoropolymers Division Fall 2007 Conference)

Copyright and Software Litigation/Related Computer Issues, “Intellectual Property Law Certification Review (July 2007)

Recognition:

Guardian ad Litem Award of Excellence, 2011-2016,

The Award is presented to an attorney who has demonstrated an outstanding commitment to pro bono case work for Orange County Bar Legal Aid Society Clients over several years. Mr. Milbrath has been a pro bono panel member since 1992 and has primarily taken Guardian ad Litem (legal guardian) cases. He has assisted 30 children and provided over 300 hours on closed cases in the last 10 years.

Florida Super Lawyers

Best Lawyers of America

Florida Trend Legal Elite

Orlando Magazine Best Lawyers: 2010-2020

AV Preeminent® Top Rated Lawyer, by Martindale-Hubbell

Managing Intellectual Property magazine: IP Star, 2014