Stephen D. Milbrath

Top rated Intellectual Property Litigation attorney in Lake Mary, Florida

Bitman O’Brien & Morat, PLLC
Stephen D. Milbrath
Bitman O’Brien & Morat, PLLC

Practice Areas: Intellectual Property Litigation, Business Litigation, Antitrust Litigation; view more

Licensed in Florida since: 1977

Education: Oklahoma City University School of Law

Selected to Super Lawyers: 2006 - 2024
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Bitman O’Brien & Morat, PLLC

615 Crescent Executive Ct
Suite 212
Lake Mary, FL 32746 Visit website

Details

Stephen D. Milbrath is board certified in intellectual property law and  business litigation. He is a partner in Accel IP Law, PLLC, which has offices in Cocoa and Orlando, Florida. Working primarily out of the firm's Orlando location, Mr. Milbrath provides invaluable counsel and support to a diverse range of clients throughout the Orlando metro region and the rest of Central Florida who have legal needs involving: intellectual property litigation, business litigation and complex civil litigation, breach of contract, unfair competition, deceptive advertising and trade practices, and covenants not to compete and antitrust law. 

Over the course of his legal career spanning more than 40 years, he has assisted thousands of business owners, entrepreneurs, executives and other stakeholders with protecting their important ideas, inventions and trade secrets. He has achieved considerable success protecting the rights and interests of his commercial clients in a wide range of business-related disputes. 

Along with maintaining a successful trial and transaction practice, Mr. Milbrath also has considerable experience with arbitration, and he has handled numerous appeals on behalf of his clients who wished to challenge a previous ruling regarding their cases. Whether inside or outside the courtroom, he maintains an unwavering focus on his clients' needs in order to ensure he helps them achieve the positive results they seek as efficiently and cost-effectively as possible.

Honored for his impeccable professionalism and outstanding legal abilities, Mr. Milbrath holds an AV-Preeminent peer review-rating* from Martindale-Hubbell, and he has earned designation as among the Top 100 Lawyers in America as well as a Legal Elite designation from Florida Trend magazine. He is also the recipient of the Guardian Ad Litem Award of Excellence in 2014 and 2011, and Orlando Magazine has voted him among the Top Legal Professionals in the area consistently between 2009 and the present. 

A 1972 graduate of the University of Central Florida, Mr. Milbrath received his master's degree from Florida State University in 1973 and his Juris Doctor from Oklahoma City University School of Law in 1976. While in law school, he served as law clerk to the Honorable Dwain Box of the Oklahoma Court of Civil Appeals, Division I, as well as the Honorable George C. Young, of the U.S. District Court for the Middle District of Florida. He also received American Jurisprudence Book Awards in Commercial Paper and Remedies.

Mr. Milbrath is admitted to practice before the U.S. District Courts for the Northern, Middle and Southern Districts of Florida, the U.S. Court of Appeals for the Federal, 5th and 11th Circuits, and the U.S. Supreme Court. He is also an active member the Orange County County Bar Association, The Florida Bar's Business Law Section, Intellectual Property Committee, and The Federalist Society, among his other professional affiliations.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

Multiple Office Locations to Better Serve You:

Orlando: 121 South Orange Ave, Suite 1521 - North Tower, Orlando, Fl. 32801-3241. Direct: 407-492-0259

Cocoa:

The Chase Building

505 Brevard Avenue, Ste. 104

Cocoa, FL 32922

 

 

Practice areas

Intellectual Property Litigation, Business Litigation, Antitrust Litigation, Intellectual Property

Focus areas

Antitrust & Trade Litigation, Copyrights, Intellectual Property Law, Non-Compete Agreements, Patents, Trade Secret, Trademarks

  • 40% Intellectual Property Litigation
  • 40% Business Litigation
  • 10% Antitrust Litigation
  • 10% Intellectual Property

First Admitted: 1977, Florida

Bar/Professional Activity:
  • United States District Courts: Northern, Middle, and Southern Districts of Florida
  • United States Court of Appeals: Federal, Fifth and Eleventh Circuits
  • United States Supreme Court
  • Lake County Bar Association
  • The Florida Bar, 1977
  • Orange County Bar Association
  • The Florida Bar: Business Law Section, Intellectual Property Committee, Computer and Cyber Law Committee
Educational Background:
  • University of Central Florida, B.A., 1972
  • Florida State University, M.S. P.A., 1973
Pro bono/Community Service:
  • The Federalist Society
Scholarly Lectures/Writings:
  • Adjunct Lecturer in Internet Law, University of Florida, Levin Law Center (2002-03)
  • Survey Editor for the Oklahoma City University Law Review, 1976
  • Author: The 11th Circuit’s New Copyright Standard for Architectural Works, “The Florida Bar Journal, Vol. 83 No.10 (Nov. 2009)
  • Co Author: Medical-Legal Ramifications’’ 11 Bulletin of the Am. Academy of Psychiatry and the Law 57 (1983)
  • Co Author; “Conflict of Laws,” Survey of Oklahoma Law, 2 Okla. City Univ. L. Rev. 98 (1977)
  • Co Author: “The Florida Antitrust Act of 1980,” The Florida Bar Journal, Oct. and Nov. 1980 (recipient of FirstPlace Award, Section Column)
  • Case Law Update: Software Related Copyright Issues, IP Committee Meeting at the Florida Bar Business LawSection 14th Annual Retreat in Naples (Sept. 5, 2009)
  • Copyright and Software Litigation/Related Computer Issues, “Intellectual Property Law Certification Review (July2007)
  • Securing, Preserving, and Enforcing Intellectual property in Trade Secrets in the Plastics Industry (Fluoropolymers Division Fall 2007 Conference)
  • Overview of Patents, “The International Forum, 2008 Annual Meeting (Jan. 14, 2008)
  • Willfulness: A year After Seagate (published for AIPLA Annual Meeting, Oct. 2008)
Honors/Awards:
  • Guardian ad Litem Award of Excellence, 2011-2016
  • American Jurisprudence Book Awards in Commercial Paper and Remedies, Oklahoma City University
  • Managing Intellectual Property magazine: IP Star, 2014
  • Orlando Magazine’s Top Legal Professionals: 2009
  • AV Preeminent® Top Rated Lawyer, by Martindale-Hubbell TM
  • Florida Trend Legal Elite
  • Orlando Magazine Best Lawyers: 2010-2019
  • Best Lawyers of America
  • Florida Super Lawyers 
Special Licenses/Certifications:
  • Florida Board Certified - Business Litigation and Intellectual Property Law
Representative Clients:
  • Silvers v. Acme Archives, at al  U.S. Dist. Ct. Central District of California Confirmed arbitration award for $1.6 Million in favor of my client , 2021
Verdicts/Settlements (Case Results):
  • ABP Patent Holding LLC v. Convergent Label Technology, Inc., 194 F. Supp. 2d 1257 (M.D. Fla. 2002) (Patent), 2022
  • Fun Spot of Florida, Inc. v. Magical Midway, 242 F. Supp. 2d 1183 (M.D.) Fla. 2002) (Patent, Trademark), 2022
  • Silver v. Verbata DBA Acme Archives, $1.6 Million Arbitration Award Confirmed By the Central District of California 2:21-CV-O5808, Copyright Ownership & Fraud, 2021
  • George & Co, LLC v. Spin Master Corp., 2018 WL 5268754 (M.D. Fla. Sept. 13, 2018) (Trademark), 2018
  • Subic Bay Marine v. JV China, 257 So.3d 1139 (Fla. 5th DCA 2018)(General Jurisdiction), 2018
  • Silvers v. Verbata, Inc., 2017 WL 12752 (M.D. Fla. Dec 1, 2017) (Copyright Ownership ), 2017
  • Holding Co. Of The Villages v. Little John’s, 2017 WL 6319549 (M.D. Fla. Dec. 11, 2017) (Trademark dilution), 2017
  • Silvers v. Verbata, Inc., 2017 WL 12752 (M.D. Fla. Dec 1, 2017) (Copyright), 2017
  • Naxos Rights US, Inc. v. Wyatt, 2016 WL 5724064 (M.D. Fla. Feb. 29, 2016) (Copyright Ownership), 2016
  • Sweepstakes Patent Co., LLC v. Burns, 610 Fed. Appx. 1006 (Fed. Cir. 2015) (Patent), 2015
  • High Tech Pet Prods., Inc. v. Shenzhen Jianfeng 2015 WL 926048 (M.D. Fla. 2015) (Trademark), 2015
  • Platypus Wear, Inc. v. Horizonte Ltda., 558 Fed. Appx. 929 (11th Cir. 2014) (Trademark, 2014
  • Eyepartner, Inc. v. Kor Media Group, LLC.,2013 WL 3733434 (S.D. Fla. 2013) (Copyright), 2013
  • MacKillop v. Parliament Coach Corp., 2009 U.S. District LEXIS 103588 (M.D. Fla. Oct.21 2009) (Warranty), 2009
  • 800 Adept, Inc. v. Murex Securities, 505 F. Supp. 2d 1327 (M.D. Fla. 2007) (Patent), 2007
  • Capo, Inc. v. Dioptics Medical Products, Inc., 387 F.3d 1352 (Fed. Cir.2004) (Patent), 2004
  • Artesian Contractors Assoc. v. Frontier Ins. Co., 275 F.3d 1038 (11th Cir.2001) (Copyright and Trademark), 2001
  • NIDA Corporation v. Ken Nida, 118 F. Supp. 2d 1223 (M.D. Fla. 2000) (Trademark), 2000
  • Montgomery v. Noga, 168 F.3d 1282 (11th Cir. 1999) (Copyright), 1999
  • Woodland Trust v. Flowertree Nursery, Inc., 148 F.3d 1368 (Fed. Cir. 1988) (Patent), 1988
  • Pretty Punch Shoppettes, Inc. v. Marge Hauk d/b/a Creative Wonders, 844 F.2d. Cir. 1988) (Patent), 1988

These comments were made by fellow attorneys during the annual nomination process.

“A pleasure to collaborate with. One of the best.”

Office location for Stephen D. Milbrath

615 Crescent Executive Ct
Suite 212
Lake Mary, FL 32746

Phone: 407-891-4815

Selections

19 Years Super Lawyers
  • Super Lawyers: 2006 - 2024

Top Lists

Top 50: Orlando Super Lawyers: 2018

Certificates and credentials

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