Excerpt from the Foreword

As experienced litigators, ADR neutrals, and evaluators in IP and technology disputes, and for Neil as also a former Administrative Patent Judge of the PTO Board of Patent Appeals and Interferences, we are pleased to have had the opportunity to review this second edition of Harrie Samaras’ thought-provoking and instructive book. It tackles effective advocacy, strategies, and practices in using alternative dispute resolution in intellectual property and technology cases.

Harrie is the perfect author and editor for this work. She has done it all. Harrie is an experienced and well-credentialed mediator, arbitrator, and evaluator in U.S. and international IP and technology cases. Also, she has litigated, and managed the litigation of, these kinds of cases as both outside counsel and in-house counsel for U.S. and multi-national companies.

In the first edition, the contributing authors covered a lot of ground from the perspectives of the client, outside counsel, and the neutral. This second edition continues that theme, adding new and significantly updated chapters addressing the topics of: drafting ADR clauses; initial damages assessments; advocacy in mediation; arbitrating IP and technology cases; advocacy in UDRP cases; and the use of special masters in IP cases. ADR Advocacy, Strategies, and Practices for Intellectual Property and Technology Cases recognizes the importance of having core competencies in representing clients in ADR proceedings involving IP and technology issues, and it is instructive to its broad audience in how to achieve those competencies...

Neil A. Smith and Jack C. Goldstein

Book Published

General  |  Book
ADR Advocacy, Strategies, and Practices for Intellectual Property and Technology Cases, Second Edition
ABA Section of Intellectual Property Law
(Excerpt from the Introduction)

Alternative dispute resolution (ADR) has moved from a side course to the main course as a means for resolving many intellectual property and technology disputes. In the past, reliance on general legal skills and knowledge about ADR may have been enough to represent clients in ADR processes. That is not the case today.

Considering the substantial number of IP/technology disputes that arise regularly, the frequent complexity of those cases, and the benefits of settling (including the financial and business risks thereby avoided), specialized knowledge and experience for both counsel and business managers in ADR is a must. Even the most experienced attorneys need to possess such capabilities for representing clients in ADR processes, negotiating agreements with pre–dispute resolution clauses, and counseling clients about ADR. There is no one source of education or training to accomplish this. And education and training is no substitute for experience. This book combines some of each.

This book is for practitioners working in a variety of practice settings, for example, law firms, corporations, government, or universities. Business executives who are frequently requested to be involved in ADR processes, often as decision makers and strategists, will find the book instructive and be better prepared to participate effectively in resolving their companies’ disputes. And neutrals will benefit from the experience, perspectives, and practical advice offered even if their practices do not focus solely on intellectual property and technology disputes. Each chapter opens another door on the use of ADR advocacy, strategies, and practices for IP/technology cases. Contributing their in-depth experience to the book are:

  • Chapter 1: James F. Davis
  • Chapter 2: Frank L. Politano
  • Chapter 3: Cynthia Raposo and Harrie Samaras
  • Chapter 4: Carol Ludington
  • Chapter 5: Chief Magistrate Judge Mary Pat Thynge
  • Chapter 6: Kevin H. Rhodes
  • Chapter 7: Merriann Panarella and Harrie Samaras
  • Chapter 8: J. William Frank III and Harrie Samaras
  • Chapter 9: Administrative Law Judge Theodore R. Essex and Lisa R. Barton
  • Chapter 10: Michael H. Diamant, Stephen P. Gilbert, Laura A. Kaster, and Harrie Samaras
  • Chapter 11: Dina Leytes and Harrie Samaras
  • Chapter 12: Don W. Martens and Gale R. (“Pete”) Peterson
  • Chapter 13: Kevin Casey