FN-1321223 MN-1321223 LN-1321223, Esq.
Full-time arbitrator and mediator
West Chester, Pennsylvania
Arbitrates and mediates commercial disputes involving intellectual property, business and technology issues. Fellow of the College of Commercial Arbitrators and the Chartered Institute of Arbitrators. Legal career includes representing clients at the trial and appellate levels in IP litigation and served as Director, IP Litigation worldwide for a telecommunications company and as V.P. Intellectual Property, Legal, for a business unit of a multi-national pharmaceutical company. Served as a Patent Examiner and at the U.S. Court of Appeals for the Federal Circuit (lawyer, law clerk). Leadership roles include serving as Chair of the ABA Dispute Resolution Section and presenting and writing on ADR topics, including editing book.
ADR Office of Harrie Samaras (formerly ADR & Law Office of Harrie Samaras) – Principal
Full-time arbitrator and mediator
Principal and Founder, ADR Office of Harrie Samaras (formerly ADR & Law Office of Harrie Samaras), 2009 – Present; Co-founder, Advanced Business Law Resources, 2010 – 2019; Shareholder, RatnerPrestia, 2003 – 2009; Educational Sabbatical, 2002 – 2003; Vice President Intellectual Property (Legal), Elan Drug Delivery Inc., 2000 – 2002; Director, Intellectual Property Litigation/Associate Litigation Counsel, MCI WorldCom Inc., 1997 – 2000; Senior Associate, Lowe Price LeBlanc & Becker, 1994 – 1997; Associate, Knobbe Martens Olson & Bear, 1990 – 1994; Law Clerk to Hon. Helen W. Nies Chief Judge, U.S. Court of Appeals for the Federal Circuit, 1988 – 1990; Staff Attorney – Office of the Senior Technical Assistant, U.S. Court of Appeals for the Federal Circuit, 1985 – 1988; Patent Examiner – Biomedical Arts, U.S. Patent and Trademark Office, 1983 – 1985; Psychopharmacologist, National Institute of Mental Health, 1980 - 1983; and Research Technician, Department of Pediatrics, Johns Hopkins Hospital.
Since 1983, work has related primarily to intellectual property (IP), technology, business, and commercial matters. Early technical/research work: (1) Research Technician to pediatric cardiologist at Johns Hopkins Hospital (performed cell preparations; extracted proteins; performed: dialyses, gel electrophoresis, protein/DNA assays, column separation and rat surgery); and (2) Research assistant to Deputy Director, NIMH (conducted statistical data analyses; wrote computer programs for analyzing data; conducted scientific literature searches; and edited drafts of technical papers intended for publication). Legal experience includes early career positions as a patent examiner (life sciences/biomedical arts), court staff attorney, and judicial law clerk. Later legal career spent in private practice as a litigator representing clients at the trial and appellate levels in IP cases, and as corporate (in-house) counsel at a former Fortune 100 telecommunications company (Director IP Litigation - worldwide) and a pharmaceutical company (drug delivery business unit - VP IP, Legal). At the telecommunications company responsibilities included: managing IP and Internet-related litigation and ADR proceedings; developing case strategies; negotiating settlements/contracts; advising engineering, business, and attorney clients; performing infringement/invalidity investigations; obtaining opinions of counsel; and handling cease and desist letters. In the drug delivery business unit responsibilities included: managing attorneys in Ireland and U.S.; managing all facets of IP practice having research and development sites in 5 countries; protecting and enforcing IP; handling Paragraph IV Certification matters; developing IP policies and asset management strategies; licensing; supporting joint ventures; and conducting due diligence.
Has an in-depth understanding of IP law. Worked on cases involving mechanical, chemical, life sciences (including biotechnology, medical device), software systems, innovations, and involving the following industries: telecommunications; pharmaceutical; drug delivery; medical device; consumer products; mechanical processes; call processing; biotechnology; and life sciences. From aforementioned, has work experience with commercial contracts including: licenses, research and development, confidentiality, and technology transfer ("tech transfer").
Taught course at Franklin Pierce School of Law/University of New Hampshire in ADR/IP; taught classes on ADR topics (e.g., Villanova University Charles Widger School of Law, the Ohio State University - Michael E. Moritz College of Law, Drexel University LeBow College of Business).
Has an in-depth understanding of IP law. Worked on cases involving mechanical, chemical, life sciences (including biotechnology, medical device), software systems, innovations, and involving the following industries: telecommunications; pharmaceutical; drug delivery; medical device; consumer products; mechanical processes; call processing; biotechnology; and life sciences. From aforementioned, has work experience with commercial contracts including: licenses, research and development, confidentiality, and technology transfer ("tech transfer").
Taught course at Franklin Pierce School of Law/University of New Hampshire in ADR/IP; taught classes on ADR topics (e.g., Villanova University Charles Widger School of Law, the Ohio State University - Michael E. Moritz College of Law, Drexel University LeBow College of Business).
Served as a mediator in 34 cases (domestic and international). Seventeen (29) of those cases were intellectual property (patent, trademark, copyright or trade secret); or commercial contract; or combination technology and contract issues. A significant portion of my cases have involved corporations or individuals from outside the United States so that presents a variety of issues to understand and address (e.g., settlement authority from companies outside the U.S., cultural differences, ethical perspectives, communications through translators).
A representative sampling of cases: contract and trade secret dispute and discovery issues involving ostomy device; patent infringement case involving patents on cover plates for electrical outlets; trademark infringement case involving well-known trademark for motorcycles; co-mediated multi-party dispute (including insurer) involving trademark, unfair competition and copyright claims; breach of contract/license and unjust enrichment dispute involving compound/drug for treating autoimmune diseases such as Type 1 Diabetes; breach of contract (exclusive distribution agreement) dispute involving life-saving pharmaceutical products; inventorship dispute arising from development and license agreement; and patent infringement case involving industrial products.
Served as a mediator in a personal injury dispute. Has served as a community service mediator in seven (7) civil disputes.
A representative sampling of cases: contract and trade secret dispute and discovery issues involving ostomy device; patent infringement case involving patents on cover plates for electrical outlets; trademark infringement case involving well-known trademark for motorcycles; co-mediated multi-party dispute (including insurer) involving trademark, unfair competition and copyright claims; breach of contract/license and unjust enrichment dispute involving compound/drug for treating autoimmune diseases such as Type 1 Diabetes; breach of contract (exclusive distribution agreement) dispute involving life-saving pharmaceutical products; inventorship dispute arising from development and license agreement; and patent infringement case involving industrial products.
Served as a mediator in a personal injury dispute. Has served as a community service mediator in seven (7) civil disputes.
Patent cases involved inventorship, ownership, claim interpretation, infringement, invalidity, laches, licensing and damages issues. Trademark cases have involved likelihood of confusion, license and damages issues. Trade secret case involved validity of trade secrets, misappropriation and damages. Business and technology cases involve contract interpretation, damages, ownership of intellectual property, licensing and distribution rights. Personal injury case involved liability, damages and subrogation.
I am a facilitative mediator, but I use evaluative mediation when the parties request it or it may assist in the process (with full knowledge and consent of the parties).
I view the mediation process as one that is devoted to the parties and their dispute. It is often necessary to take into account the past, current and possibly future relationship of the parties. The process must also be focused on helping the parties obtain a mutually beneficial solution to their problem. I view every mediated dispute as unique not only in terms of the parties, what has caused their dispute and what may resolve it, but also, how mediation may be used to achieve a resolution. The mediation process is more than a "session." There are building blocks before, during and after the session that connect to create the right environment and circumstances for a resolution. The mediator collaborates with the parties to decide what those building blocks are and how they should be used.
I view the mediator's role as having at least two aspects. One of those is as a guide to help the parties tailor a process that fits their needs and participate in it. The other is as an objective facilitator who brings perspective to the emotional, substantive and financial issues in the dispute and helps the parties consider practical options for resolving their dispute. One of the perspectives I bring to my role as mediator is the client's perspective insofar as I was a client (corporate counsel) in two corporations. Having been a client I can often understand the emotional toll and the distraction a dispute can take on those directly involved. Also, my corporate experience helps me to help the parties focus on their interests and those of their opponent, and to help the parties develop practical solutions (as business persons do routinely) that satisfy those interests.
The parties deserve a focused, patient and tenacious neutral to help them resolve their dispute. I endeavor to live up to those qualities so that the parties have their best shot at a resolution.
I view the mediation process as one that is devoted to the parties and their dispute. It is often necessary to take into account the past, current and possibly future relationship of the parties. The process must also be focused on helping the parties obtain a mutually beneficial solution to their problem. I view every mediated dispute as unique not only in terms of the parties, what has caused their dispute and what may resolve it, but also, how mediation may be used to achieve a resolution. The mediation process is more than a "session." There are building blocks before, during and after the session that connect to create the right environment and circumstances for a resolution. The mediator collaborates with the parties to decide what those building blocks are and how they should be used.
I view the mediator's role as having at least two aspects. One of those is as a guide to help the parties tailor a process that fits their needs and participate in it. The other is as an objective facilitator who brings perspective to the emotional, substantive and financial issues in the dispute and helps the parties consider practical options for resolving their dispute. One of the perspectives I bring to my role as mediator is the client's perspective insofar as I was a client (corporate counsel) in two corporations. Having been a client I can often understand the emotional toll and the distraction a dispute can take on those directly involved. Also, my corporate experience helps me to help the parties focus on their interests and those of their opponent, and to help the parties develop practical solutions (as business persons do routinely) that satisfy those interests.
The parties deserve a focused, patient and tenacious neutral to help them resolve their dispute. I endeavor to live up to those qualities so that the parties have their best shot at a resolution.
Routinely uses online platforms such as Zoom, LoopUp, GoToMeeting and Teams in her arbitration practice. Proficient in conducting arbitrations and mediations on-line using the Zoom platform. In addition to being willing to conduct hearings and conferences on-line, including the evidentiary hearing, preference is to hold all hearings and conferences before the evidentiary hearing on-line.
In arbitration practice, regularly helps parties with issues concerning electronically stored information (ESI). That experience with ESI issues is augmented by experience in private practice handling such issues while representing clients in litigation and as in-house counsel.
In arbitration practice, regularly helps parties with issues concerning electronically stored information (ESI). That experience with ESI issues is augmented by experience in private practice handling such issues while representing clients in litigation and as in-house counsel.
The George Washington University National Law Center (LLM, Patent and Trade Regulation Law - 1991); University of Baltimore School of Law (JD - 1984); University of Maryland (MS, Cell Physiology/Biochemistry - 1978); University of Maryland (Zoology/Chemistry - 1976).
Admitted to the Bar: Pennsylvania (2003); Maryland (1985); District of Columbia (1995, inactive since 2010); California (1991, inactive since 2011); U.S. District Court: Southern and Central Districts of California (1991); U.S. District Court for the Eastern District of Pennsylvania (2003); U.S. Court of Appeals, Federal Circuit (1985); U.S. Supreme Court (2008).
College of Commercial Arbitrators (Fellow, 2012 to Present, Board of Directors, October 2015 to 2021, Executive Committee, October 2019 to 2021); Chartered Institute of Arbitrators (Fellow, 2012 to Present); Silicon Valley Arbitration & Mediation Center Tech List member, 2014 to Present; American Bar Association, Section of Dispute Resolution: Past Chair, August 2018 to 2019; American Bar Association (Intellectual Property Law Section, Member Content Advisory Board (Current); Academy of Court-Appointed Neutrals (formerly Academy of Court-Appointed Special Masters) (Member, 2022 to present).
PUBLICATIONS (Selected Alternative Dispute Resolution and Related Topics):
Book: Editor/Author, ADR ADVOCACY, STRATEGIES AND PRACTICES FOR INTELLECTUAL PROPERTY AND TECHNOLOGY CASES, ABA Publishing (Intellectual Property Law Section), 2017 (Second Edition); Chapter 7 Author, "Selecting the Arbitrators" in ARBITRATING COMMERCIAL DISPUTES IN THE UNITED STATES (Practicing Law Institute), 2020 (Second Edition).
Select Articles on ADR Topics (2019 to Present):
David Allgeyer and Harrie Samaras, Technology-Related Mediations and Arbitrations, GPSolo (A publication of the ABA Solo, Small Firm and General Practice Division), Vol. 36, No. 6 (November/December 2019); Harrie Samaras (Chapter 7), Selecting the Arbitrators, in the book "Arbitrating Commercial Disputes in the United States" - published by the Practicing Law Institute (2018); David Allgeyer and Harrie Samaras, A Dozen Tips for Technology-Related Mediations and Arbitrations, Landslide (A publication of the ABA Section of Intellectual Property Law), Vol. 11, No. 2 (November/December 2018). For a more complete list, please see https://www.harriesamaras.com/publications/.
SELECT SPEAKING ENGAGEMENTS (2019 to Present):
February 28, 2024 (Philadelphia, PA) Speaker: Licensing Executive Society (Philadelphia Chapter) - Using Licenses to Settle Intellectual Property Lawsuits; January 18, 2024 (Webinar) Speaker: Arbitral Women, Young Mute-Off Thursdays - The Marriage of IP/technology Disputes and Arbitration – a Blissful Union?; June 8-9, 2023 (Stanford, CA) Planner and Faculty: Stanford Law School/Silicon Valley Arbitration and Mediation Center – Stanford Law School Advanced IP/Tech Mediation and Arbitration Course; February 28, 2023 (Webinar) Licensing Executive Society International – Resolving IP Disputes using Mediation & Arbitration; December 7, 2022 (Webinar) Speaker: Silicon Valley Arbitration & Mediation Center – Updates from the Front Lines: A Conversation with AAA-ICDR & SVAMC on New Rules and Other News; September 13, 2022 (Arlington, VA) Speaker: Trademark Administrators & Practitioners (TMAP) Meeting - Avoiding the Pool of Tears: Arbitration & Mediation in IP; June 9, 2022 (Webinar) Speaker: World Intellectual Property Organization - Mediation and Arbitration Workshop - Intellectual Property and Technology Arbitration; November 12, 2021 (Webinar) Speaker: Chartered Institute of Arbitrators, NAB's 2021 Virtual Annual Conference – What makes an arbitrator best in class?; November 10, 2021 (Webinar) Speaker: ABA Section of Dispute Resolution – What Do Counsel and Mediators (Really) Want From Each Other?; September 30, 2021 (Webinar) Speaker: New Jersey State Bar Association, Dispute Resolution Section – Dispute Resolution and Its Many Features – Limitless Possibilities for the 21st Century; December 9, 2020 (Webinar) Speaker: Silicon Valley Arbitration and Mediation Center – Not Business as Usual: Techniques for Resolving Life Science Disputes; August 4, 6, 2020 (Webinars) Speaker: Silicon Valley Arbitration and Mediation Center – Two-Part Online Course: Mediation in the Patent/Technology Case; October 4, 2019 (San Francisco, CA), Moderator: College of Commercial Arbitrators 19th Annual Meeting, The Business of Arbitration: Some Things Old, Some Things Improving, and Some Things Left to Do; September 27, 2019 (Galveston, TX), Speaker: Houston Intellectual Property Law Association/2019 Fall Institute, Explaining Complexity: How to Improve Your Presentation of Technical Information in Arbitration; June 26, 2019 (Washington, DC), Speaker: American Conference Institute/ITC Litigation & Enforcement, Inside Intricacies of Mediating Section 337 Cases.
For a more complete list, please see https://www.harriesam
Book: Editor/Author, ADR ADVOCACY, STRATEGIES AND PRACTICES FOR INTELLECTUAL PROPERTY AND TECHNOLOGY CASES, ABA Publishing (Intellectual Property Law Section), 2017 (Second Edition); Chapter 7 Author, "Selecting the Arbitrators" in ARBITRATING COMMERCIAL DISPUTES IN THE UNITED STATES (Practicing Law Institute), 2020 (Second Edition).
Select Articles on ADR Topics (2019 to Present):
David Allgeyer and Harrie Samaras, Technology-Related Mediations and Arbitrations, GPSolo (A publication of the ABA Solo, Small Firm and General Practice Division), Vol. 36, No. 6 (November/December 2019); Harrie Samaras (Chapter 7), Selecting the Arbitrators, in the book "Arbitrating Commercial Disputes in the United States" - published by the Practicing Law Institute (2018); David Allgeyer and Harrie Samaras, A Dozen Tips for Technology-Related Mediations and Arbitrations, Landslide (A publication of the ABA Section of Intellectual Property Law), Vol. 11, No. 2 (November/December 2018). For a more complete list, please see https://www.harriesamaras.com/publications/.
SELECT SPEAKING ENGAGEMENTS (2019 to Present):
February 28, 2024 (Philadelphia, PA) Speaker: Licensing Executive Society (Philadelphia Chapter) - Using Licenses to Settle Intellectual Property Lawsuits; January 18, 2024 (Webinar) Speaker: Arbitral Women, Young Mute-Off Thursdays - The Marriage of IP/technology Disputes and Arbitration – a Blissful Union?; June 8-9, 2023 (Stanford, CA) Planner and Faculty: Stanford Law School/Silicon Valley Arbitration and Mediation Center – Stanford Law School Advanced IP/Tech Mediation and Arbitration Course; February 28, 2023 (Webinar) Licensing Executive Society International – Resolving IP Disputes using Mediation & Arbitration; December 7, 2022 (Webinar) Speaker: Silicon Valley Arbitration & Mediation Center – Updates from the Front Lines: A Conversation with AAA-ICDR & SVAMC on New Rules and Other News; September 13, 2022 (Arlington, VA) Speaker: Trademark Administrators & Practitioners (TMAP) Meeting - Avoiding the Pool of Tears: Arbitration & Mediation in IP; June 9, 2022 (Webinar) Speaker: World Intellectual Property Organization - Mediation and Arbitration Workshop - Intellectual Property and Technology Arbitration; November 12, 2021 (Webinar) Speaker: Chartered Institute of Arbitrators, NAB's 2021 Virtual Annual Conference – What makes an arbitrator best in class?; November 10, 2021 (Webinar) Speaker: ABA Section of Dispute Resolution – What Do Counsel and Mediators (Really) Want From Each Other?; September 30, 2021 (Webinar) Speaker: New Jersey State Bar Association, Dispute Resolution Section – Dispute Resolution and Its Many Features – Limitless Possibilities for the 21st Century; December 9, 2020 (Webinar) Speaker: Silicon Valley Arbitration and Mediation Center – Not Business as Usual: Techniques for Resolving Life Science Disputes; August 4, 6, 2020 (Webinars) Speaker: Silicon Valley Arbitration and Mediation Center – Two-Part Online Course: Mediation in the Patent/Technology Case; October 4, 2019 (San Francisco, CA), Moderator: College of Commercial Arbitrators 19th Annual Meeting, The Business of Arbitration: Some Things Old, Some Things Improving, and Some Things Left to Do; September 27, 2019 (Galveston, TX), Speaker: Houston Intellectual Property Law Association/2019 Fall Institute, Explaining Complexity: How to Improve Your Presentation of Technical Information in Arbitration; June 26, 2019 (Washington, DC), Speaker: American Conference Institute/ITC Litigation & Enforcement, Inside Intricacies of Mediating Section 337 Cases.
For a more complete list, please see https://www.harriesam
$5,000 Per Day
English
United States of America
West Chester, PA
The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
