JEFFREY D. FELDMAN
Focused, fastidious, prepared and passionate.
Jeffrey Feldman is a trial lawyer who represents clients in intellectual property and business litigation matters. Jeff is board certified by the Florida Bar in Intellectual Property Law. His cases have included patent, trademark, trade secret, copyright, false advertising, unfair competition, contract, business torts, and civil RICO disputes in state and federal courts throughout the United States. He has tried a number of these cases to verdict, often for clients who were in late-stage litigation and had an eleventh-hour need for experienced trial counsel. In addition to trial work, Jeff also counsels clients about procuring, registering, protecting and licensing intellectual property rights and avoiding the intellectual property rights of others.
Jeff began his career in 1981 as an assistant state attorney in Miami-Dade County, a position he was appointed to by former State Attorney and U.S. Attorney General Janet Reno. Jeff rose to the rank of felony prosecutor and later, felony division chief, and his experience included prosecution of numerous cases as first chair trial counsel. In 1985, Jeff was appointed as an assistant U.S. attorney for the Southern District of Florida. As a federal prosecutor, Jeff tried numerous cases to verdict and routinely conducted grand jury investigations, including several cases related to the Iran-Contra Affair. Both the Federal Bureau of Investigation and the Drug Enforcement Agency recognized Jeff for distinguished service in relation to matters he prosecuted for them. Jeff entered private practice in 1988.
Jeff has been listed annually in “Best Lawyers in America” since 2007, “Florida Super Lawyers” since 2006 and the South Florida Legal Guide since 2003. He is also a Fellow of Litigation Counsel of America, a national trial lawyer’s honorary society. Jeff has also been recognized by The International Who’s Who of Patent Lawyers, Florida Trend Magazine’s “Legal Elite,” and Managing Intellectual Property’s “IP Stars.” He is AV Preeminent rated by Martindale Hubbell since 1992.
Jeff is an active participant in various community organizations. He is a member of the executive board of the Miami Dade County Beacon Council — the city’s official economic development organization; a trustee of the University of Florida’s Law Center Association, a leadership and fundraising arm of the Levin College of Law; a director of the Lung Transplant Foundation of Florida; and a member of the Tocqueville Society of the United Way of Miami-Dade County. Jeff is also past president of the Miami Music Association, an organization that supported the Cleveland Orchestra's residency in South Florida.
Appeared as lead defense counsel six weeks before commencement of a multi-week jury trial in a complex, document intensive commercial dispute which had been pending for several years. With only weeks to prepare for trial, settled the case favorably for the client after discrediting the plaintiff through a four-day cross examination. The case settled before the cross examination concluded.
As late stage, trial counsel for the plaintiff, successfully argued for case terminating sanctions against a corporate defendant for litigation misconduct resulting in a multimillion dollar settlement for his client. As late stage counsel, successfully argued for dismissal of a multi-defendant, multimillion dollar commercial tort matter with a single motion on an issue that had not been raised in the three years the case had been pending. That motion resulted in a dismissal with prejudice for the client and 12 other co-defendants.
In late stage defense, tried and won a bench trial in a case in which the trial judge had earlier issued a preliminary injunction against the client. That matter ended with a defense judgement and an award of prevailing party attorney’s fees for the client.
Appeared late stage as plaintiff’s counsel in a misappropriation of trade secret’s case. Before his appearance the case was poised for summary judgment in favor of the defendants. Summary judgement was denied, the case was continued and within weeks, Jeff discovered the defendants had committed litigation misconduct resulting, first, in an award of attorney’s fees and other sanctions and then a multimillion dollar jury verdict for his client, one of the largest trade secret jury awards in Florida.
Secured dismissal of a patent case by acquiring outstanding foreign judgments against the plaintiff and then commencing judgement enforcement proceedings, seeking to strip ownership of the patent from the plaintiff. The plaintiff dismissed his patent case following commencement of the client’s judgement enforcement action. The plaintiff later paid our client on the purchased judgments and plaintiff’s patent was later declared invalid based upon foreign prior art that was discovered by counsel.
Substituted into a misappropriation of trade secrets matter brought by our client against a former vendor who secured employment with the client’s competitor by disclosing confidential and trade secret information. Former counsel sued but later dismissed litigation it brought against the competitor because it failed to secure proof of the competitor’s wrongs in advance of commencing suit. We filed a new action against the former vendor and then subpoenaed the competitor to give, what became, highly incriminating deposition testimony and documents that allowed us to leverage a favorable settlement with the competitor without further litigation.
University of Florida, Fredric G. Levin College of Law, Juris Doctor with honors
University of Florida, Bachelor of Arts, Political Science and Government
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court for the Southern District of Florida
U.S. District Court for the Middle District of Florida
Seminar, “Introduction to Intellectual Property for the Business Litigator,” February 2015 and July 2016
Florida Medical Manufacturing Consortium, “Protecting Your Business from Patent Trolls: Early Strategies for Mitigating the Threat of Patent Litigation,” Tampa, Florida – December 2015
Advanced Patent Law Institute, USPTO Conference, “What is an Exceptional Case Post-Octane Fitness,” Alexandria, Virginia – March 2015
Pinecrest Business Owners Association, “Introduction to Federal Trademark Protection,” Pinecrest, Florida – February 2015
Seminar, “The Law of Franchise Encroachment,” October 2014, private client
The Florida Bar, 5th Annual Intellectual Property Symposium, “Non-Practicing Entity Lawsuits: Shakedown or Fair Path to Patent Monetization, Tampa, Florida – March 2014
Dade County Bar Association, “Navigating the Patent Pilot Program: A Discussion on the Patent Pilot Program and the Southern District of Florida,” Miami, Florida – March 2014
The Dade County Bar Association, Bench & Bar Conference, “Protecting the Crown Jewels of the Corporation: An IP Tort and Employment Perspective,” Coral Gables, Florida – February 2014
Advanced Patent Law Institute, USPTO Conference, Patent Reform: Predictions and Practice Tips, “The Corporate Response to New Legislation: Changes in Portfolio Development and Patent Defense Strategies,” Alexandria, Virginia - January 2012
American College of Ophthalmic Surgery (ACOS) Summit, “Introduction to Patents,” Tampa, Florida - October 2011
Law Review CLE, Seminar “Introduction to Copyright, Trademark and Other IP Law,” Coral Gables, Florida - July 2011
The Daily Business Review, Corporate Counsel Summit, “The Litigation of Patent Infringement Claims: The Anatomy of a Patent Infringement Case,” Miami, FL - June 2010
Advertising Federation of Greater Miami, “The Prosecution of False Advertising in America; An Overview of Industry, Judicial and Administrative Remedies for Improper Advertising Practices,” Coral Gables, Florida – January 2009
Advanced Patent Law Institute, USPTO Conference, “Defending Against Willful Patent Infringement Claims: Competent Opinion of Counsel and the Risk of Privilege Waiver,” Alexandria, Virginia - January 2008
The Florida Bar, Intellectual Property Certification Review, “The Litigation of Patent Infringement Claims,” Tampa, Florida - July 2007
Law Seminars International, Patent Claim Construction, “Strategies for Addressing the Key Issues in Claim Construction Today,” Atlanta, Georgia - April 2007
Law Seminars International, “Opening Moves in Patent Disputes: Pre and Early Stage Patent Litigation, Take the Right Steps to Maximize Your Chances for Success, Elements and Theories of Patent Infringement,” January 2005
INTA (International Trademark Association) Roundtable, “Protection against Gray Marketing Under the Tariff Act, Lanham Act and Copyright Act,” Miami, FL - January 2005
Feldman Gale, PA
McDermott Will and Emery
Fine Jacobsen Schwartz Nash Block and England
United States Attorney's Office, Southern District of Florida
Miami-Dade County State Attorney's Office