ADR Advocacy, Strategies, and Practices for Intellectual Property and Technology Cases, Third Edition

by Harrie Samaras (Editor), Theodore K. Cheng (Editor)

Overview

Considering the large number of IP cases that settle year after year and the financial and business risks thereby avoided, specialized knowledge and experience in the practice of ADR is a must.

From negotiating agreements with dispute resolution clauses, counseling clients about ADR, and evaluating the terms of settlement, this must-have resource combines the wisdom of attorneys, neutrals, judges, academics and clients to give you the strategies and practical expertise for applying ADR in the simplest to most complex IP cases.

Topics include:

• Uses of ADR in IP and technology disputes
• Drafting pre-dispute ADR provisions in IP agreements, including sample clauses
• Early case assessment analysis to better manage a dispute
• Initial damages assessments
• Mediation and how to prepare for it
• Making the decision to mediate and how to prepare for success
• The Federal Circuit’s mediation program for patent cases
• Arbitrating technology cases
• Using the U.S. International Trade Commission for enforcing and resolving disputes
• Elements of a successful UDRP proceeding
• Using a special master
• Practical tools for using ADR

Product Details

ISBN-13:	9781639056538
Publisher:	American Bar Association
Publication date:	04/28/2026
Product dimensions:	6.00(w) x 9.00(h) x 0.00(d)

About the Author

Harrie Samaras is a full-time neutral focusing on arbitrating and mediating intellectual property and technology disputes in the U.S. and internationally. She is a Fellow of the College of Commercial Arbitrators (CCA) and of the Chartered Institute of Arbitrators. Harrie is an American Arbitration Association (AAA) Master Mediator and she is certified by the International Mediation Institute. She serves as a neutral for ADR organizations including the AAA/ICDR, CPR, WIPO, and the ICC. 

Harrie worked as an attorney in private practice handling IP litigation at the trial and appellate levels and she served as the Director of IP Litigation for a Fortune 500 telecommunications company and as Vice President IP, Legal, managing all IP legal activities for a business unit of a pharmaceutical/drug delivery company.

Harrie has held leadership roles in professional organizations including the ABA (past Chair, Section of Dispute Resolution) and she writes and speaks on ADR topics including editing and authoring all three editions of the book, ADR Advocacy, Strategies, and Practices for Intellectual Property and Technology Cases, published by the ABA Intellectual Property Law Section.  

She received an LL.M. in Patent and Trade Regulation Law from the George Washington UniversityLaw School, a J.D. from The University of Baltimore School of Law, and a M.S. and B.S. from the University of Maryland in the life sciences and chemistry. 

Theo Cheng is an independent arbitrator and mediator, focusing on commercial, IP, technology, entertainment, and employment disputes, both domestically in the United States and internationally. More info at www.theocheng.com.

Theo has been appointed to the rosters of the AAA, the International Centre for Dispute Resolution, the CPR, Resolute Systems, the American Intellectual Property Law Association’s List of Arbitrators and Mediators, and the SVAMC’s List of the World’s Leading Technology Neutrals. He is a AAA Master Mediator, a member of the National Academy of Distinguished Neutrals, and a Fellow of the College of Commercial Arbitrators.

Theo is also an Adjunct Professor at New York Law School where he teaches ADR-related courses and is a Practitioner in Residence at the Intellectual Property (IP) Policy Institute at the University of Akron School of Law (previously at George Mason UniversityAntonin Scalia Law School). He also co-founded and serves as the Chief Executive Officer of Sonata Academy, the premier, first-in-class institution of education and training for the ADR field, offering arbitration, mediation, and other related courses to both neutrals and advocates.

Before becoming a full-time neutral, Theo practiced for nearly 25 years as an IP and general commercial litigator covering all areas of IP. He honed his litigation skills at several prominent national law firms, where he counseled high net-worth individuals and small to middle-market business entities in a variety of industries (e.g., high-tech, telecommunications, entertainment, consumer products) and  represented them in a broad array of business disputes. Some of his most well-known matters involved representing certified classes of songwriters and music publishers, in conjunction with motion picture studios and record labels, in industry-sponsored litigations against various internet, peer-to-peer file-sharing companies such as Napster and Grokster.