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 Stephen
D. Milbrath
Shareholder
Email:
smilbrath@addmg.com
Telephone:
407-841-2330
Facsimile:
407-841-2343
Orlando
Practice Areas:
Admitted:
- 1977: Florida
- United States Supreme Court
- United States Court of Appeals: Federal, Fifth and Eleventh Circuits
- United States District Courts: Northern and Middle 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 Florida Board Certified Business Litigation
Attorney. 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:
- Author: "Defending The Copyright Claim: Some Initial
Issues to Evaluate," Defense Research Institute,
Commercial Litigation Committee, The Business Suit
(March 2006)
- "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:
- 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)
- 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
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