Attorneys & Agents
Phone: 305-374-8303 (Miami) 407-841-2330 (Orlando)
Robert H. Thornburg
Shareholder, Registered Patent Attorney
Nationally recognized as one of Florida’s go-to intellectual property litigation specialists, Robert Thornburg has developed a reputation over the last 15 years in bet-your‑business patent, copyright, trademark, trade secret and technology focused litigations on behalf of both international and Florida based businesses.
Registered to practice before the United States Patent & Trademark Office, Robert is a Miami Patent Attorney who has filed some 400+ trademark applications as well as over 100+ patent applications in diverse technologies including CPAP respiratory interfaces, high efficiency cogeneration HVAC systems, medical devices, consumer products, pharmaceuticals and “green” technologies. Outside of IP litigation and prosecution, he also assists technology business in orchestrating counterfeit defense campaigns; negotiating and drafting intellectual property license agreements; addressing domain name disputes, as well as assisting in DMCA take down proceedings.
Outside the office, Robert’s passion is the advancement of Miami area artists, photographers, musicians and content creators – having founded the Miami Chapter of the Copyright Society of the USA in 2013 (where he now serves as Chapter Co‑Chair, as well as on the society’s national executive committee). Mr. Thornburg also serves on the board of directors of the Association of Intellectual Property Firms (AIPF). He is a past president of the Intellectual Property Law Association of Florida (IPLAF). Robert also serves on the Executive Counsel of the Business Law Section of the Florida Bar, where he previously served as Chair of the Section’s Intellectual Property Committee. Likewise, he is a former Chair of the Section’s Computer & Cyber Law Committee.
He also is active in the Coral Gables community as a member of the Merrick Society of the Coral Gables Community Foundation, trustee to First United Methodist Church of Coral Gables and through his support of the Saint Philips Episcopal School.
Robert is a strong supporter of University of Florida, where he is President of the Law Alumni Council (LAC), as well as is Ex Officio with the Law Center Association (LCA) Board of Trustees. He is also a proud Florida Gator booster and football season ticket holder.
While in law school, he served as Vice-Chair of the Justice Campbell Thornal Moot Court Board, Editor-in-Chief of the Journal of Technology Law & Policy, and President of the Florida Intellectual Property Law Association. The Book Award in Intellectual Property Law (the individual having the highest grade in the class) at the University of Florida Levin College of Law is named in his honor.
Mr. Thornburg is an active lecturer on topics relating to intellectual property and has served as a visiting lecturer at the University Of Florida College Of Law, the University of Miami School of Law, Florida State University College of Law, and the University of Notre Dame College of Engineering.
Representative matters and legal accomplishments:
Bose Corporation v 558 Eagle Lake, 6:16-Civ-02150-CEH (M.D. Fla. Sept. 12, 2017) (successful counterfeit investigation and resulting trademark action resulting in consent final judgment and an additional award of statutory damages via default judgment against counterfeiter in Lakeland, Florida).
Palm Partners LLC v. Palm Beach Treatment Center, LLC, 2017 U.S. Dist. LEXIS 133401 (S.D. Fla. Aug. 18, 2017) (successful defeat of Rule 12 dismissal in trademark action for Delray Beach addiction recovery center).
Laser Peg Ventures, LLC v. NToys Ltd., 2017 U.S. Dist. LEXIS 106099 (M.D. Fla. Apr. 26, 2017) (permanent injunction in patent and trade dress infringement action and $400,000 damages award against Chinese toy maker on behalf of Sarasota toy developer).
Grupo Interworks y Servicios S de RL de CV v. Interworks Groups and Services LLC (D. Nev. Apr. 1, 2017) (resolution of business ownership dispute, including transfer of business assets and rights for mark DISCOVERY MUNDO to Cancun based travel services company along with non-compete and non-solicitation agreement with former partner).
Custom Cutlery, LLC v. Churnick et al., Case No. 15-CV-24491 (S.D. Fla. Mar. 2, 2017) (negotiated settlement of $450,000 in favor of accused Florida Keys based cutlery designer).
FlexFunds ETP LLC v. Meeder Investment Management (S.D. Fla. Feb. 2017) (settlement of trademark ownership dispute for Miami financial services group resulting in transfer of both domain name and registration).
Sedna Aire USA, Inc. v. Sunologi, Inc., Case No. 15-CV-24753 (S.D. Fla. Nov. 2016) (entry of injunction in patent and trademark action, along with agreed settlement of $340,000 on behalf of Homestead, Florida solar assisted HVAC inventor).
Tsuen May Trading, Inc. v. New Age Imports, Inc., Case No. 1:15-CV-24683 (S.D. Fla. Oct. 25, 2016) (negotiated financial significant settlement on behalf of Miami based holistic products importer against Los Angeles competitor selling counterfeit products via Amazon).
SafeRest LLC v. Rykies LLC d/b/a SureGuard Mattress Protectors, Case No.16‑CV-60370 (S.D. Fla. Jun. 2016) (dismissal with prejudice of design patent infringement claims in favor of South African based mattress protector company).
Silver Bullet Technologies LLC vs. SEKO Worldwide, LLC, Case No. 15-CV-21901-DPG (S.D. Fla. Mar. 8, 2016) (settlement on behalf of Miami software firm in breach of license dispute against former logistics software licensee).
Ice Legal P.A. v. Blue Basil Studios, Ltd., Case No. 9:15-CV-81690 (S.D. Fla. Jan. 25, 2016) (advantageous settlement of domain name and trademark dispute on behalf of Toronto, Canada based legal services company).
Miami Style Inc. v. Hot Miami Styles, Inc., Case No. 1:14-CV-2264, (S.D. Fla. Aug. 11, 2015) (successful negotiation of advantageous trademark settlement agreement on behalf of Miami apparel company).
Leading Edge Novelty, Inc. v. Forever Gifts, Inc., Case No. 15-CV-81595 (S.D. Fla. Apr. 29, 2015) (successfully argued for narrowed claim construction during Markman hearing resulting in dismissal of patent infringement action).
Laser Pegs Ventures LLC v. Hampton Direct, Inc., Case No. 8:14-CV-3122 (M.D. Fla. Feb. 5, 2015) (judgment finding client’s trademark rights were valid and enforceable – as well as strong – and negotiated settlement agreement prohibiting further use of trademark rights).
Adobe Systems Inc. v. Bea’s Hive LLC, 2014 U.S. Dist. LEXIS 130940 (S.D. Fla. Sept. 18, 2014) (successful grant of preliminary injunction on behalf of software developer after multi‑day evidentiary hearing and prior grant of temporary restraining and seizure order).
Valoro LLC v. Valero Energy Corp, U.S. Dist. LEXIS 110554 (S.D. Fla. Aug. 11, 2014) (grant of motion for more definite statement of Texas energy company’s trademark counterclaim).
Platypus Wear Inc. v. Horizonte Ltda, 558 Fed. Appx. 929 (11th Cir. 2014) (affirmation by circuit court of successful defense verdict involving Brazilian and United States copyright and trademark rights after 3 week Miami jury trial on behalf of Sao Paulo energy drink company).
Martin Memorial Health Systems v. Blue Cross Blue Shield Association, Case No. 2014‑CV‑14038 (S.D. Fla. Jan. 29, 2014) (filed declaratory action of non-infringement on behalf of multi-hospital group asking for finding of no infringement or dilution of Blue Cross’ logos – resulting in beneficial settlement of claims).
Eyepartner Inc. v. Kor Media Group, 2013 U.S. Dist. LEXIS 98370 (S.D. Fla. Jul. 15, 2013) (successful grant of preliminary injunction under Copyright Act after two week evidentiary hearing).
Pumponator Inc v. Water Sports LLC, 868 F. Supp. 2d 742 (N.D. Ill. 2012) (successfully defended challenge to personal jurisdiction regarding rival toy manufacturers in trade dress dispute).
Barrocos of Florida v. Elmassian, 2012 U.S. Dist. LEXIS 65523 (S.D. Fla. May 10, 2012) (successfully compelled deposition of Hong-Kong based third-party defendant in Florida in trademark case).
Your Baby Can Read LLC v. Planet Kids Inc., 2011 U.S. Dist. LEXIS 5315 (S.D. Fla. Jan 20, 2011) (successful defeat of motion for dismissal of trademark and copyright claim on behalf of children’s early education system).
Mr. Thornburg often serves as an Intellectual Property & Technology Law expert for local Miami television and radio, including Miami Local 10 (ABC)’s coverage of Romero Britto’s trade dress suit against Apple, Florida Record’s coverage of FIU’s trademark suit against FNU, as well as technology topics for WIOD News Radio.
Practice Areas +
- 2003: Florida
- 2003: Illinois
- 2006: United States Patent & Trademark Office
- United States District Courts: Southern, Middle and Northern District of Florida; Northern District of Illinois
- United States Courts of Appeals: Federal, Seventh and Eleventh Circuit
- 2004: L.L.M. in Intellectual Property Law, The John Marshall Law School, with honors
- 2002: J.D., University of Florida Levin College of Law, with honors, The Order of Barristers, Certificate Degree in Intellectual Property
- 1999: B. S. Chemical Engineering, University of Notre Dame, cum laude.
- University of Florida Law Alumni Council (President, 2016‑2017; President-Elect, 2015-2016; Secretary, 2014‑2015)
- University of Florida Law Center Association Board of Trustees (Ex‑Officio, 2016-2017)
- Copyright Society of the U.S.A. (Executive Committee/ Co-Chair 2018 Mid-Year National Meeting, 2017‑2018)
- Copyright Society of the U.S.A., Miami Chapter (Chapter Founder, Co‑Chair, 2015-2018)
- Association of Intellectual Property Firms (Board of Directors, 2017‑2018)
- First United Methodist Church of Coral Gables (Trustee, 2016‑2018)
- Coral Gables Community Foundation, Merrick Society Member (2016‑2018)
- Intellectual Property Law Association of Florida (President, 2013‑2014; Vice Pres., 2012‑2013; Secretary, 2011‑2012)
- The Florida Bar: Intellectual Property Committee (Chair, 2011‑2012) (Vice‑Chair, 2008-2011)
- The Florida Bar: Computer & Cyber Law Committee (Chair, 2006‑2007) (Vice-Chair 2005-2006)
- The Florida Bar: Business Law Executive Council (2005- )
- Electronic Discovery in Florida, The Florida Bar Journal, Vol. 80, No. 9 (October 2006)
- Trade Secrets in the Digital Age, ABA SciTech Law Journal, Vol. 3, Issue 1 (May 2006)
- Trademark Survey Evidence: Review of Current Trends in the Ninth Circuit, 21 Santa Clara Comp. & High Tech. L. J. 715 (2005)
- Choice of Law in International Copyright: The Split of Authority Between the Second and Ninth Circuits Regarding Extraterritorial Application of the Copyright Act, 10 J. Tech. L. & Pol’y 23 (2005)
- L.L.M. Dissertation, Trademark Surveys: Development of Computer Based Survey Methods, 3 J. Marshall Rev. Intellectual P. L. (2004)
- Stadium Naming Rights: An Assessment of the Contract and Trademark Issues Inherent to Both Professional and Collegiate Stadiums, 2 VA. Sports & Ent. L.J. 328 (2003)
- Florida Privacy Law: Application of Intentional Tort Principles and Florida’s Right to Privacy as Safeguards to Private Dissemination of Private Information, 4 Fla. Coastal L.J. 139 (2003)
- The Impact of Copyright Law on Distance Education Programs: How Fair Use and the CONFU Guidelines May Shape the Future of Academia, 27 S. Ill U.L.J. 321 (2003)
- Best Lawyers in America, Copyright Law: 2013‑2018
- Florida Super Lawyers: 2013‑2018
- Rising Stars: 2010‑2012
- South Florida Legal Guide – Intellectual Property Law: 2013‑2018
- Miami Daily Business Review, Rising Stars: 2013
- Florida Trend Legal Elite, Up and Comers: 2010 & 2012
- 40 Under 40 Outstanding Attorneys of Miami‑Dade County: 2009