Originally from Dispute Resolution Journal

This is an edited transcript of a roundtable discussion organized by the American Arbitration Association to share ideas about the current and potential use of arbitration and other forms of alternative dispute resolution to resolve intellectual property disputes. This roundtable is part of an ongoing dialogue among the AAA, neutrals on the AAA panel, and users of ADR services, in order to assist the AAA in serving the IP community.

Introductions*

SHARON OBERT: Good afternoon, everyone. Thank you so much for coming. I know that you’re all extremely busy so we appreciate your willingness to engage in this conversation with us about ADR and intellectual property disputes. As you all know, I am the AAA Assistant Vice President for the Cleveland region. Agnes Wilson, the AAA Eastern Divisional Vice President, is going to facilitate the conversation. Let’s begin with introductions.

JOHN MORAN: I’m John Moran, general counsel with Corrpro Companies. We’re a publicly traded corrosion engineering company located in Medina, Ohio.

CHARLES LYON: I’m Chuck Lyon with Calfee, Halter in Cleveland, Ohio. I am the co-chair of the firm’s intellectual property group.

RICHARD SAYLER: I’m Richard Sayler, formerly a partner and now of counsel at Jones Day in the Cleveland office. I’m in what’s called the “issues and appeals” section, but I’ve also been a member of the intellectual property section in the past. I specialize in trials and appeals of IP matters.

MICHAEL STOVSKY: I’m Mike Stovsky, a partner at Ulmer & Berne in Cleveland. I am the chair of the intellectual property and technology group at the firm.

TERESAN GILBERT: I’m Teresan Gilbert. I’m with The Lubrizol Corporation, a specialty chemical company, which is located in the suburbs of Cleveland. My position is intellectual property counsel.

GEORGE VON MEHREN: I’m George von Mehren, a partner at Squire, Sanders, in the Cleveland office. I’m in charge of our international dispute resolution group, which basically involves international arbitration and litigation in courts outside the United States. We have 13 offices throughout Europe, Asia and South America.

THOMAS ZYCH: I’m Tom Zych, a partner at Thompson, Hine in Cleveland, Ohio. I’m a member of the firm’s intellectual property group. I also chair our eBusiness and Emerging Technologies practice.

JAMES TROXELL: I’m Jim Troxell, a partner at Squire, Sanders & Dempsey. I’m responsible for intellectual property in the Cleveland area.

MICHAEL DIAMANT: My name is Michael Diamant, a partner at Kahn, Kleinman in Cleveland. I’m a member of the litigation group and I chair the technology practice.

ANTHONY HAUEISEN: Tony Haueisen. I’m general counsel at RJF International. We’re a privately held corporation located in Fairlawn, Ohio, and our biggest product line is commercial wall covering, things you put in a room like this and other hospitality facilities.

JOHN HORNICKEL: John Hornickel, intellectual property counsel, PolyOne Corporation, Avon Lake, Ohio.

VINCENT YOUNG: I’m Vince Young, retired from BP and doing consulting in the areas of dispute resolution and how to make successes out of your technology. I live in Ohio and consult internationally.

AGNES WILSON: I’m Agnes Wilson, AAA’s Division Vice President based in the AAA’s national office in New York City. I’m responsible for business development in the eastern half of the United States. Business development means being involved with users and potential users of AAA services, and encouraging a dialogue so that the AAA can do a better job. Intellectual property has been a favorite of mine since I’ve been with the AAA.

SHARON OBERT: We would like to have an informal discussion about your views on using ADR to resolve various types of intellectual property disputes. We also want your thoughts on AAA rules and procedures, and your approaches to drafting ADR clauses for IP transactions. We’d like to know what you’re looking for in arbitration for an IP dispute, what type of arbitrator you prefer and why, and what you think would enhance the arbitration process.