Joseph W. Bain’s counseling and IP portfolio management expertise is complemented by nearly 20 years of IP litigation experience in over 100 IP disputes in various district courts throughout the nation and several trials before the International Trade Commission. Mr. Bain has represented clients from a variety of industries and technologies, including high-speed surgical tools and medical devices, cameras, image processing equipment, solar powered lighting systems, fuel cells, power generation turbines, toys, musical equipment, art, books, jewelry, sculpture and software. Mr. Bain’s mechanical engineering studies at Virginia Tech included a focus on bio-medical devices with Dr. Leon Arp—inventor of the Arp respirator.
AV-rated by Martindale Hubbell, Mr. Bain is well-versed in securing, protecting and defending patents, trademarks and copyrights.
Publications and Speeches
"Current Topics in Patent Litigation", BioFlorida 7th Annual Conference.
"Legal Trends: Protecting Intellectual Property Rights", Metro Orlando International Affairs Commission's Seventh Annual International Summit.
"Basics of Copyright Law" Seminar, Lorman Educational Services.
"Intellectual Property Law" Seminar, Lorman Educational Services.
"Covenants Not to Compete" Seminar, Lorman Educational Services.
Updates To "Protecting Corporate Trade Secrets", Matthew Bender, 1989.
Highlights
Robert Moog v. Moog Music, Inc. (United States District Court for the Northern District of Florida) (Secured rights in MOOG name in unfair competition/false endorsement action under Lanham Act 43(a) based on fame of MOOG synthesizer inventor, Dr. Robert Moog).
VastFame v. Int'l Trade Commission, 386 F.3d 1108 (Fed. Cir. 2004) (Established precedent that International Trade Commission must follow "all defenses" rule in enforcement proceedings and erred in denying client its invalidity defense.)
In Re Lens Fitted Film Packages (International Trade Commission) (Defended importers of disposable cameras against patent infringement claims of Fuji Photo Film Co., Ltd. and subsequently obtained approval by U.S. Customs Service of new camera designs to avoid the Fuji patents.)
The Message Group v. Rave USA, Inc. (Fifteenth Circuit Court for Palm Beach County, Florida) (Obtained injunction against infringing trade dress for cameras.)
Savannah Forestry Equipment, Inc. v. Savannah Equipment, Inc., reported at 25 U.S.P.Q. 2d 1378 (S.D.Ga. 1992) (United States District Court for the Southern District of Georgia) (Obtained injunction against patent, trademark copyright infringement and trade secret theft related to forest cultivation equipment.)
Council of Better Business Bureaus v. Consumer Fraud Awareness, Inc. d/b/a Better Business Council (United States District Court for the Middle District of Florida) (Obtained injunction against trademark infringement on behalf of governing body of all Better Business Bureaus.)
Russell Promotions, Inc. v. Funworld, Inc. (United States District Court for the Southern District of Florida) (Obtained injunction and $1.2 million judgment for trade dress infringement based on product configuration of promotional toys and federal registered trademark infringement.)
Plastic Tubing Industries, Inc. v. Atchley (Ninth Circuit Court for Orange County, Florida) (Secured employer ownership of employee's inventions and associated patents.)
ITC Experience
1998 In Re: Lens Fitted Film Packages 337-TA-406 (Initial Investigation) (Including Trial)
2000 In Re: Oscillating Sprinklers 337-TA-448 (Initial Investigation)
2001-2002 In Re: Lens Fitted Film Packages 337-TA-406 (Enforcement Proceeding I) (Including Trial)
2003-2004 Appeal of Enforcement I--VastFame v. Int'l Trade Commission, 386 F.3d 1108 (Fed. Cir. 2004) (Established precedent that ITC must follow "all defense" rule in enforcement proceedings and erred in denying client its invalidity defense.)
2003-2004 In Re: Lens Fitted Film Packages 337-TA-406 (Enforcement Proceeding II) (Including Trial)
2005 In Re: Lens Fitted Film Packages 337-TA-406 (Remand after appeal (Including Trial)
2005 In Re: Axle Bearings 337-TA-554
2008 In Re: Short Wavelength Light Emitting Diodes 337-TA-640
Practice Areas
Admissions
- U.S. Patent and Trademark Office
- Florida (Board Certified in Intellectual Property Law)
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court, Southern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. District Court, Northern District of Florida
Education
- University of Florida College of Law, J.D.
- Virginia Tech, B.S. Mechanical Engineering
Professional Affiliations
- Federal Bar Association, President of Palm Beach County Chapter
- International Association for the Protection of Industrial Property (AIPPI)
- The Florida Bar, Business Law Section
- Palm Beach County Bar Association
- International Trade Commission Trial Lawyers Association