Stephen D. Milbrath
Attorney Profile
Top Rated Intellectual Property Litigation Attorney in Winter Park, FL
Winter Park, FL 32789-7401
- Intellectual Property Litigation (50%),
- Business Litigation (30%),
- Intellectual Property (10%),
- Antitrust Litigation (10%)
Stephen D. Milbrath is an attorney with Byrd Campbell, P.A., law firm, which has offices in Winter Park and Pensacola, Florida, and Dallas, Texas. Working primarily out of the firm's Winter Park 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 any of the following:
· Intellectual property litigation and transactions
· Complex business litigation and arbitration
· Business and corporate law and transactions
Nationally recognized as one of the leading attorneys in his region as well as the entire country, Mr. Milbrath holds board certification from The Florida Bar in both intellectual property law and business litigation. 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 2017.
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 and Hillsborough County Bar Associations, The Florida Bar's Business Law Section, Intellectual Property Committee, Computer and Cyber Law 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.
- 50%Intellectual Property Litigation
- 30%Business Litigation
- 10%Intellectual Property
- 10%Antitrust Litigation
Trade Secret, Non-Compete Agreements, Copyrights, Patents, Trademarks, Intellectual Property Law, Antitrust & Trade Litigation
Selections
Super Lawyers: 2006 - 2020
Top Lists
Certificates and Credentials
- Florida Bar Board of Legal Specialization - Business Litigation
- Florida Bar Board of Legal Specialization - Intellectual Property Law
To: Stephen D. Milbrath
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Additional Sources of Information About Stephen D. Milbrath
About Stephen Milbrath
Admitted: 1977, Florida
Professional Webpage: https://byrdcampbell.com/attorneys/stephen-milbrath/
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
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
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)
Verdicts/Settlements:
- NIDA Corporation v. Ken Nida, 118 F. Supp. 2d 1223 (M.D. Fla. 2000) (Trademark)
- ABP Patent Holding LLC v. Convergent Label Technology, Inc., 194 F. Supp. 2d 1257 (M.D. Fla. 2002) (Patent)
- Fun Spot of Florida, Inc. v. Magical Midway, 242 F. Supp. 2d 1183 (M.D.) Fla. 2002) (Patent, Trademark)
- Pretty Punch Shoppettes, Inc. v. Marge Hauk d/b/a Creative Wonders, 844 F.2d. Cir. 1988) (Patent)
- Woodland Trust v. Flowertree Nursery, Inc., 148 F.3d 1368 (Fed. Cir. 1988) (Patent)
- Montgomery v. Noga, 168 F.3d 1282 (11th Cir. 1999) (Copyright)
- Artesian Contractors Assoc. v. Frontier Ins. Co., 275 F.3d 1038 (11th Cir.2001) (Copyright and Trademark)
- Eyepartner, Inc. v. Kor Media Group, LLC.,2013 WL 3733434 (S.D. Fla. 2013) (Copyright)
- Capo, Inc. v. Dioptics Medical Products, Inc., 387 F.3d 1352 (Fed. Cir.2004) (Patent)
- 800 Adept, Inc. v. Murex Securities, 505 F. Supp. 2d 1327 (M.D. Fla. 2007) (Patent)
- MacKillop v. Parliament Coach Corp., 2009 U.S. District LEXIS 103588 (M.D. Fla. Oct.21 2009) (Warranty)
- Platypus Wear, Inc. v. Horizonte Ltda., 558 Fed. Appx. 929 (11th Cir. 2014) (Trademark
- 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)
- Naxos Rights US, Inc. v. Wyatt, 2016 WL 5724064 (M.D. Fla. Feb. 29, 2016) (Copyright Ownership)
- Silvers v. Verbata, Inc., 2017 WL 12752 (M.D. Fla. Dec 1, 2017) (Copyright Ownership )
- Holding Co. Of The Villages v. Little John’s, 2017 WL 6319549 (M.D. Fla. Dec. 11, 2017) (Trademark dilution)
- Silvers v. Verbata, Inc., 2017 WL 12752 (M.D. Fla. Dec 1, 2017) (Copyright)
- Subic Bay Marine v. JV China, 257 So.3d 1139 (Fla. 5th DCA 2018)(General Jurisdiction)
- George & Co, LLC v. Spin Master Corp., 2018 WL 5268754 (M.D. Fla. Sept. 13, 2018) (Trademark)
Educational Background:
- University of Central Florida, B.A., 1972
- Florida State University, M.S. P.A., 1973
Stephen D. Milbrath:
Last Updated: 7/22/2020