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Ms. Samaras founded the ADR Office of Harrie Samaras (formerly, ADR & Law Office of Harrie Samaras) for which she provides dispute resolution services including serving as an Arbitrator, Mediator, Early Neutral Evaluator, and consultant on ADR issues. Her practice includes intellectual property (IP) (patent, trademark, copyright, and trade secret), business/technology, commercial contract and employment disputes. Ms. Samaras serves as a neutral for the CPR Int’l Institute for Conflict Prevention and Resolution, American Arbitration Association and its International Centre for Dispute Resolution (ICDR), World Intellectual Property Organization (WIPO), International Chamber of Commerce (ICC), and U.S. International Trade Commission. Ms. Samaras has worked as an attorney in the corporate and private sectors and for the U.S. government as a staff attorney and law clerk at the U.S. Court of Appeals for the Federal Circuit (including appeals in patent infringement, international trade, government contract and certain employment cases), and as a Patent Examiner at the U.S. Patent and Trademark Office (PTO). Her practice has included IP litigation and licensing, commercial transactions and alternative dispute resolution, as summarized below: Alternative Dispute Resolution: Ms. Samaras serves as a mediator in commercial disputes including: breach of contract and related claims (e.g., license, exclusive distribution, technology transfer, development/joint development, assignment, employment, reseller, goods/services, supply/purchase, clinical trial services, master services/license, tortious interference); IP (all areas) infringement; inventorship, unfair competition and unjust enrichment claims. She has served as an arbitrator in both U.S. and international cases, as the sole arbitrator or Chairperson/wingman on three-member panels. Ms. Samaras arbitrates cases involving commercial agreements (see previous list for mediation), intellectual property infringement/misappropriation, wrongful termination and domain name claims. As a client advocate in private and corporate practice, Ms. Samaras has represented clients from the U.S. and abroad in mediations and settlement discussions involving contract/licensing, intellectual property infringement and business/technology issues. Corporate Counsel: Ms. Samaras served as Director of Intellectual Property Litigation for a Fortune 500 telecommunications company doing business worldwide, and as Vice President Intellectual Property, Legal for a business unit of a multi-national pharmaceutical company. She was responsible for prosecuting (enforcement) and defending actions involving IP assets worldwide before courts and administrative tribunals, performing early case assessment, negotiating commercial contracts, negotiating settlements, and serving as an advocate in mediating disputes. Outside Counsel: Ms. Samaras served as lead counsel and as co-counsel with other law firms in IP and related cases at the trial and appellate levels. Her practice also included working with clients to perform early case assessment regarding potential and ongoing IP disputes, negotiating settlements, and representing clients in mediations and arbitrations relating to infringement and contract disputes over IP assets. Ms. Samaras also served as a mediator and arbitrator in the same kinds of cases she currently handles. Technology: Ms. Samaras has mediated and arbitrated cases in such areas as: biotechnology; clinical trials; consumer goods; medical devices; pharmaceuticals; computers/information technology; and software. She litigated cases in such areas as: consumer diagnostic testing (e.g., test strips, immuno-assays); video games; medical devices (e.g., excimer lasers, nicotine patches); pharmaceuticals and drug delivery; mechanical devices (e.g., coin-dispensers, locks, vehicle accouterments, beverage cans); telecommunications and/or computer systems (e.g., call processing, phone-based time and attendance systems, pre-flight/checking files); and biotechnology (e.g., products for consumers and laboratories). Ms. Samaras holds Bachelor and Masters’ degrees in the life sciences and chemistry. As a Patent Examiner at the PTO she examined patent applications related to mechanical inventions in the health, pharmaceutical and medical device areas.
Ms. Samaras is typically the sole mediator in her cases but she has co-mediated cases on a number of occasions. Ms. Samaras’ mediation practice focuses on commercial disputes including: business and technology contracts, disputes over intellectual property assets and inventorship, licenses involving intellectual property, and other commercial contracts (e.g., sales of goods/services). She also has mediated disputes involving personal injury, employment issues, and other civil matters. Ms. Samaras' cases have included multiple parties (e.g., insurance providers, investors and other stakeholders. Examples of the cases Ms. Samaras has mediated include: dispute over exclusive distribution agreement for pharmaceutical products; development contract and trade secret misappropriation involving medical device; patent infringement case involving patents covering consumer product (mechanical device); trademark infringement case involving well-known trademark; co-mediated three-party dispute (including insurer) involving trademark, unfair competition and copyright claims; and breach of contract/license and unjust enrichment dispute involving compound/drug for treating autoimmune diseases. See http://harriesamaras.com/about-menu/experience/ for a further listing.
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). Mediation should take into account the past, current and possibly future relationship of the parties. Mediation 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. Two of the mediator's roles are: (1) as a guide to help the parties tailor a process that fits their needs; and (2) 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. Having been a client (in-house counsel) in two companies, I can often understand the emotional toll and the distraction a dispute can take on those directly involved. That experience helps me to help the parties focus on their interests and those of their opponent so that they can develop practical solutions to settle the dispute.
Intellectual Property (infringement) disputes involving patents, trademarks, copyrights and trade secrets Internet Licenses Business and Technology Commercial contracts Employment
Daily flat rates available for mediation sessions; and $525.00/hour (study time, communications with parties pre and post mediation session). No charge for travel time. No cancellation fee if a scheduled session is cancelled before I travel to the location of the mediation session. Out-of-pocket expenses billed at cost.
Ms. Samaras serves as a neutral for the following organizations: • CPR (“Int’l Institute for Conflict Prevention and Resolution”), Mediator and Arbitrator on CPR's Biotech and Technology panels. • WIPO (“World Intellectual Property Organization”), Arbitrator (List of Neutrals and Domain Name Panel; Legal Rights Objection Panel) • AAA/ICDR (“American Arbitration Association”), Mediator and Arbitrator • AAA/CCI Copyright Alert System Independent Review Program • USCIB/ICC (“U.S. Council for International Business”), Arbitrator and Mediator • FINRA ("Financial Industry Regulatory Authority"), Arbitrator • NAM (“National Arbitrators and Mediators”), Mediator and Arbitrator • U. S. District Court for the E.D. of Pennsylvania, Mediator and Arbitrator • U.S. International Trade Commission, Mediator • Chester County Courthouse - Arbitrator Ms. Samaras' ADR Advisory Activities: CPR International Commission on Patent Disputes • Chair, Technology Neutrals Review Committee (2007 to present) • Member, Neutrals Subcommittee of the Patent Committee (2004 to 2007) Advisory Council on IP, Franklin Pierce Center for IP – University of New Hampshire (2011 to 2012) AAA’s National Patent Advisory Council Member, ABA Section of Dispute Resolution, Advisory Committee (2008 to present) Ms. Samaras' involvement in professional associations includes: American Bar Association • Budget Officer, August 2015 • Member, Dispute Resolution Section Council, 2013 to Present • Member, Nominations Committee (Ad hoc), 2014 • Co-Chair, Intellectual Property Committee (DR Section), 2012 to 2014 • Member, Content Advisory Board (IPL Section), 2011 to Present • Member, Women in Dispute Resolution Committee (DR Section), 2011 to Present • Member, Dispute Resolution Section Council, 2009 to 2012 • Member, Section of Dispute Resolution Advisory Committee, 2008 to Present • Chair (2010 to 2011), Vice-Chair (2009 to 2010) Division VI (Litigation, Alternative Dispute Resolution and Related Issues), IPL Section • Chair (2008 to 2009), Co-chair, (2007 to 2008) ADR Committee (IPL Section) College of Commercial Arbitrators • Member, Board of Directors, October 2015 American Intellectual Property Law Association • Member, Professionalism and Ethics Committee, 2012 to Present • Member, Special Legislation Committee, 2009 to 2012; 2013 to Present (Patents/Litigation) • Chair (2010 to 2012), Vice-Chair (2008 to 2010) Alternative Dispute Resolution Committee • Member, Public Appointments Committee, 2008 to 2009 • Chair, Committee on Inventor Issues, 2006 to 2007 • Fellow, 2004 to Present • Amicus Committee, 2004 to 2006 • Chair, Committee on IP Law Associations, 2002 to 2004 • Treasurer, 2000 to 2002 • Chair, Finance Committee, 2000 to 2002 • Board of Directors, 1999 to 2002 • Member, Finance Committee, 1999 to 2000 • Member, Public Appointments Committee, 1998 to 1999 • Chair, Communications Law Committee, 1998 to 1999 • Chair, Professional Responsibility Committee, 1997 to 1998 • Chair, Membership Committee, 1995 to 1997 Bar Member: Pennsylvania Bar; District of Columbia Bar (inactive); California Bar (inactive); and Maryland Bar.
• American Arbitration Association: (8 hours) Advanced Mediator Training, September 13, 2010 • Maryland Program for Mediator Excellence, August 2009. MPME Members Only Synergy Session, April, 2010 Ethics, November 2009 A Room with a View Giving and Getting Mediator Feedback/Critiques, November 2009 • International Trademark Association – (8 hours) Advanced Mediation Training Course, April 28, 2007 • Harvard Law School Program of Instruction for Lawyers: (40 Hours) Mediation Workshop, 2002 • Northern Virginia Mediation Service 20 Hours of Training in Professional Mediation Skills and Process, 2002 16 Hours of Federal & Commercial Mediation Role-Play, 2002
A sample of Ms. Samaras' speaking/teaching engagements: July 15, 1015 (King of Prussia, PA) Delaware Valley Association of Corporate Counsel (DELVACCA), Intellectual Property CLE Institute – Speaker: Structuring and Negotiating Patent Litigation Settlement. June 2, 2015 (Webinar, 5th of six-part series) ABA Dispute Resolution Section – Speaker: Closing the Deal. April 28, 2015 (Philadelphia, PA) Pennsylvania Bar Institute, 9th Annual Intellectual Property Law Institute – Speaker: Mediating IP Disputes. April 16, 2015 (Seattle, WA) ABA Dispute Resolution Section, Spring Conference – Speaker: ADR in Innovation and Technology Cases – Are Tech Cases Special? What You Need to Know. February 24, 2015 (Live Webinar) American Arbitration Association – Speaker: Explaining Complexity – How to Improve Your Presentation of Technical Information in Arbitration. February 19, 2015 (San Diego, CA) International Institute for Conflict Prevention and Resolution (CPR) – Speaker: IP Track (Emerging IP Issues and Their Implications). September 11, 2014 (Basking Ridge, NJ) Justice Marie L. Garibaldi American Inn of Court for Alternate Dispute Resolution – Speaker: Conducting Effective Mediations – Lessons Learned for All Mediators from a Task Force Study. January 30, 2014 (Webinar) Intellectual Property Owners Association – Speaker: Mediation in Patent Disputes: Best Practices, Worst Practices. August 8, 2013 (San Francisco, CA) ABA, Dispute Resolution Section - Panelist: Problems/Challenges in Effectively Using Arbitration and Mediation in Patent Litigation and Ways to Improve Their Use April 5, 2013 (Arlington, VA) ABA, Intellectual Property Law Section – Speaker: The International Institute for Conflict Prevention and Resolution: “Effective Practices Protocol” for Patent Mediation May 15, 2013 (Live Webinar) American Arbitration Association – Panelist: Arbitration in IP/Technology Disputes. May 14, 2013 (Live Teleconference) ABA, Dispute Resolution Section – Panelist: ADR Practice Development Tips for Women. May 7, 2013 (Chicago, Il) Intellectual Property Law Association of Chicago, ADR Committee – Speaker: Advocacy for Mediating IP Disputes: What you didn’t learn in law school . . . . . or later. June 4, 5 and 7 (Durham, NH) Intellectual Property Summer Institute (University of New Hampshire School of Law, Franklin Pierce IP Center) - Faculty: Dispute Resolution in IP: Strategies & Alternatives November 15-16, 2012 (Boston, MA) - American Bar Association, Section of Dispute Resolution - Faculty: 10th Annual Advanced Mediation and Advocacy Skills Institute June 26, 2012 and November 9, 2011 (Live Webinar) American Arbitration Association – Panelist: Drafting Mediated Settlements that Stick. January 19, 2012 (Philadelphia - live, Pittsburgh, Mechanicsburg - simulcast) Pennsylvania Bar Institute – Speaker: Mediation Advocacy for Commercial and Intellectual Property Disputes. May 20, 2011 (Los Angeles, CA) Los Angeles County Bar Association (International Law Section) and ABA Section of International Law – Moderator: Revised UNCITRAL Arbitration Rules, Revised IBA Rules of Evidence. What’s New? Were the Revisions Necessary? April 26, 2011 (Philadelphia, PA) Philadelphia Bar Association (Women in the Profession) – Speaker: Mediation from the Mediator’s Perspective. June 21 to June 25, 2010 (Nashville, TN) Institute for Conflict Management (Graduate Program), Lipscomb University – Professor: Use of ADR in Intellectual Property Cases. June 4, 2010 (Washington, D.C.) The International Trade Commission: In-house Speaker Series - Speaker: Mediation of Section 337 Cases. April 15, 2010 (Philadelphia, PA) Pennsylvania Bar Institute - Speaker: Factors Affecting the Use of Early Case Assessment in Early Resolution of IP Cases. April 9, 2010 (Arlington, VA) ABA, IPL Section – Speaker: Getting Out of the Hot Seat: Mediation and Other Mechanisms for Early Termination of Section 337 Investigations. January 29, 2010 (Palm Springs, CA) AIPLA – Speaker: Court Enforcement of Purported Settlement Agreements. March 6, 2009 (Philadelphia, PA) Pennsylvania Bar Institute - Speaker: How to Make the Most of Your Settlement Discussions with Parties, Courts and Mediators. April 17, 2008 (Philadelphia, PA) Pennsylvania Bar Institute - Speaker: Intellectual Property Law Institute - IP and ADR. November 1, 2007 (Washington, D.C.) Horizons Seminar Series of The Federal Circuit Bar Association (Moderator) - Mediation Under the Federal Circuit’s Mediation Program. April 17, 2007 (Philadelphia, PA) Pennsylvania Bar Institute - Speaker: Intellectual Property Law Institute - ADR in Intellectual Property Cases, No Longer the Road Less Traveled. May 18, 2006 (Washington, D.C.) Horizons Seminar Series of The Federal Circuit Bar Association - Mediation and Patents: Wrestling the IP Dispute.
Book/Guide Harrie Samaras (Editor/Author), ADR Advocacy, Strategies, and Practice for Intellectual Property Cases, ABA Publishing – Intellectual Property Section of Law (2011). Harrie Samaras (Developer), Due Diligence Evaluation Tool for Selecting Arbitrators and Mediators, CPR International Institute for Conflict Prevention and Resolutions (2010). Articles Judy Weintraub and Harrie Samaras, Training Corporate Business Managers on Dispute Resolution. The Legal Intelligencer, May 5, 2014. Harrie Samaras and Judy Weintraub, Formulating a Mindset to Achieve More Effective Arbitrations. The Legal Intelligencer, March 4, 2014. Judy Weintraub and Harrie Samaras, Reviewing the Revised AAA Commercial Arbitration Rules. The Legal Intelligencer, January 6, 2014. Harrie Samaras and Kathy Bryan, Improving the Use of Mediation in Patent – and Other – Cases. Vol. 31, No. 3, INSIDE Journal (New York State Bar Association) Winter 2013. Harrie Samaras and Judy Weintraub, Are Time and Cost Efficiencies in Arbitration a Fantasy. The Legal Intelligencer, August 30, 2013. Harrie Samaras (an interviewee), Everyone’s a Winner. Intellectual Asset Management, July/August 2013. Harrie Samaras and Judy Weintraub, Top 10 Mistakes to Avoid Making in Mediation Advocacy. The Legal Intelligencer, July 29, 2013. Harrie Samaras and Judy Weintraub, Using Early Case Assessment as a Tool for Triaging Disputes. The Legal Intelligencer, March 29, 2013. Laura A. Kaster and Harrie Samaras, Overcoming Barriers to Valuing Your Case. Vol. 18, No. 2, The Woman Advocate (ABA Section of Litigation), Winter 2013. Harrie Samaras and Kathy Bryan, Improving the Use of Mediation in Patent – and Other – Cases. Vol. 31, No. 3, INSIDE Journal (New York State Bar Association), Winter 2013. Mediation Advocacy series: Judy Weintraub and Harrie Samaras, After the Mediation Session: Where Do You Go From There? The Legal Intelligencer online (LAW.COM) Litigation Column, January 10, 2013. Judy Weintraub and Harrie Samaras, Mediation Advocacy: Preparing to Avoid an Impasse. The Legal Intelligencer, December 21, 2012. Harrie Samaras and Judy Weintraub, Mediation Advocacy: Taking Aim at Settlement. The Legal Intelligencer, November 21, 2012. Judy Weintraub and Harrie Samaras, The Mediation Session: Tips on Strategy for Caucuses. The Legal Intelligencer, October 5, 2012. Judy Weintraub and Harrie Samaras, The Mediation: Strategy for the Initial Joint Session. The Legal Intelligencer, August 31, 2012. Judy Weintraub and Harrie Samaras, The Strategic Use of Pre-Mediation Submissions. The Legal Intelligencer, July 25, 2012. Judy Weintraub and Harrie Samaras, Mediation Preparation: Don't Let the Informality Fool You. The Legal Intelligencer, June 29, 2012. Judy Weintraub and Harrie Samaras, The Mediation's Framework: How to Approach a Preliminary Hearing. The Legal Intelligencer, May 18, 2012. Harrie Samaras and Judy Weintraub, What You Need to Know about Selecting a Mediator. The Legal Intelligencer, April 17, 2012. Harrie Samaras and Judy Weintraub, 10 Ways to Introduce Mediation to Opposing Counsel. The Legal Intelligencer, March 28, 2012. Harrie Samaras and Judy Weintraub, Is Mediation the Right Choice for Your Dispute. The Legal Intelligencer, February 28, 2012. Harrie Samaras and Judy Weintraub, Evaluating the Dispute Resolution Clause in Mediation. The Legal Intelligencer, February 10, 2012. Harrie Samaras and Judy Weintraub, Know All Your Options For Resolving Work Disputes, Philadelphia Business Journal, January 13 - 19, 2012. Harrie Samaras, The Confidential Mediation Submission - An Opportunity That Should Not Be Missed, Vol. 17, No. 3, INSIGHT Newsletter, Winter 2007. Harrie Samaras, The Mediation Session, Vol. 16, No. 2, INSIGHT Newsletter, Winter 2006. Harrie Samaras, Mediation at the Appellate Stage . . . An Appealing Option, Vol. 16, No. 1, INSIGHT Newsletter, Fall 2006. Harrie Samaras, You’ve Got Choices, Vol. 15, No. 2, INSIGHT Newsletter, Fall 2005. Harrie Samaras, Choosing a Mediator, Vol. 13, No. 2, INSIGHT Newsletter, Fall 2003. Harrie Samaras, Choosing Counsel for Mediation, Vol. 14, No. 1, INSIGHT Newsletter, Spring 2004.
IMI Code of Professional Conduct; AAA/ABA/ACR Model Standards of Conduct for Mediators
IMI Professional Conduct Assessment Process
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