Lizbeth Hasse, Esq.

T: 415-982-5267
F: 415-982-5287
Intellectual Property

Lizbeth Hasse, Esq., draws on over 30 years of deep and broad experience in intellectual property law, as a neutral and a practitioner. She has resolved numerous intellectual property cases, and entertainment, technology, and commercial matters with IP implications, both nationally and internationally. As a mediator, arbitrator, and settlement master, she has helped to successfully bring a broad variety of landmark intellectual property disputes to resolution. Ms. Hasse is adept at handling complex copyright, patent, trademark, trade secret and licensing matters, as well as guiding resolutions to help retain the value of the properties and creative capital invested. Her work in IP and media worldwide, including advising on evolving IP and communications legislation in a number of eastern European and Asian countries enhances her perspective.

Ms. Hasse is best known for her commitment to the process and its participants. Her resourceful insights, tenacity, intellectual acumen, and masterful communication skills enable her to resolve high stakes and multi-party cases involving highly talented lawyers and their clients.

Ms. Hasse is a fellow with the Chartered Institute of Arbitrators, based in London, one of the most prestigious organizations in international arbitration, and she is known for her fairness and managerial skills in arbitration.

ADR Experience and Qualifications
Ms. Hasse has designed settlement processes and resolved disputes as a mediator, arbitrator, and special master in over 1,000 cases, involving topics such as: high tech, software and hardware, patent and copyright infringement; trademark infringement claims by multinational companies; patent and licensing disputes; patent infringement involving data privacy and encryption; fashion design misappropriation; secondary liability in online copyright infringement; video game licensing disputes; copyright termination issues; Fair Use; university/researcher IP and patent ownership issues; joint venture IP ownership disputes and joint copyright ownership.

Representative Matters

Trade Secrets

  • Helped resolve case between two large ticket vending and re-seller companies regarding failed acquisition negotiations and allegations of trade secret violations
  • Resolved leading video game company’s IP, trade secret and employee misappropriation dispute with developers of high-grossing video game series
  • Mediated insurance coverage dispute relating to settlement of trade secrets action brought by former employee who left to work for technology competitor
  • Resolved misappropriation of trade secret/breach of confidentiality claims brought by one group of energy companies against another involved in locating, acquiring, and developing electric power generation sites
  • Resolved dispute regarding insurance coverage in declaratory relief action relating to patent infringement, enforceability of patent and trade secret misappropriation claims
  •  Managed and resolved numerous discovery and process disputes relating to disclosure of evidence with trade secret and/or competitive implications

Copyright

  •  Successfully mediated hostile dispute between two large online competitors in service industry where one company’s customers routinely posted copyrighted images belonging to the other on that company’s website, issues raised of direct infringement and DMCA protections 
  •  Mediated multiple claims by estate of prominent UK writer against major film studio over rights in high grossing film franchise, including copyright termination issues
  • Mediated damages in action by music publishers alleging secondary liability for copyright infringement against investors in on-line peer-to-peer music distribution
  • Successfully mediated copyright class action by artists and labels against broadcasters for synch licensing fees relating to background music used in programming over multiple-years
  • Settled action involving rights in development by partners from several countries of cutting edge logistical software
  • Arbitration of rights between motion picture co-producers in disputes over acquisition and licensing agreements
  • Resolved dispute about ownership in rights to show and concept for a project developed by international talent based in Israel and TV producer
  • Resolved rights, revenue and control issue claims by heirs of large selling popular fiction series writer against developer and producer sequels
  • Arbitrated claims relating to the enforcement of settlement agreement and copyrights in compositions between former members of one of the top 20th century US rock bands
  • Resolved copyright claims against pop singer accused of infringing parts of popular rock song in her own release
  • Resolved claims of rights organizations against major brand advertiser for online use of multiple recorded songs
  • Mediated copyright infringement claim regarding claims that major motion picture infringed plaintiff’s script

Licensing

  • Mediated action involving producer’s motion picture production rights, derivative copyright and trademark claims relating to a mass-produced role-playing game, as well as books, toys and other merchandise manufactured and distributed under the trademark of this entertainment/gaming franchise, including disputes over a series of amendments to multiple licensing agreements
  • Lanham Act and endorsement rights dispute relating to licensing of works for advertising
  • Successfully mediated claims of international film distributor and rights holder against broadcaster for breach of contract relating to packaging of films for international licensing and for manipulation of royalties accounting
  • Resolved and designed structured settlement relating to rights of musicians under older contracts which made no specific reference to new technologies
  • Resolved contentious dispute between inventor and founder of entertainment firm and technology and the new owners/board of continuing enterprise
  • Mediated dispute between two large technology firms involving allegations of unpaid licensing fees and penalties including counter-claims about anti-competitive licensing agreements and unfair royalties for the technology involved
  • Mediated high-value technology development and licensing cases involving university technology exchange and private industry

Patent

  • Successfully mediated patent infringement case brought by inventor of digital management rights software against manufacturer owning several patents and provide security solutions to largest software and internet service providers
  •  Successfully mediated patent infringement claim in cosmetics manufacturing field relating to spray-on products for skin and related apparatus; including trade dress claims
  • Successfully resolved patent dispute where major computer manufacturing company sought declaratory judgment of non-validity and non-infringement of several patents relating to the sharing, editing and playing of audio and video work through compression technology
  • Mediated patent dispute involving university professor’s allegations of “co-inventor” status with fellow researchers with respect to genetic treatment technology patents, including the university’s claims for royalties for German company’s use of its IP and other licensing claims
  • Successfully resolved patent infringement case brought by inventors of satellite communications and video signal compression technology against manufacturer-distributor of portable satellite television system
  • Successfully mediated high-value patent infringement and licensing action involving university patenting and licensing arm and micro-processing technology developed for and by a private industry sponsor of university research

Trademark 

  • Successfully mediated trademark infringement dispute in the software and electronic devices fields between US technology company and Taiwanese manufacturer
  • Successfully mediated trademark infringement action brought by major computer manufacturer against competitor’s use of claimed brand as a descriptive term; fair use issues raised
  • Neutral evaluator for trademark dispute involving major technology mark
  • Successfully mediated claims for copyright infringement, trademark infringement and false advertising brought by one popular Canadian television series against another in US dealing with the same subject
  • Resolved trademark, personal rights, misappropriation, and false advertising issues relating to reuse of celebrity images in other media
  • Successfully mediated contentious dispute over deceased sports figure’s endorsement contract and trademark cross-licensing agreement involving major sports footwear brand
  • Successfully mediated breach of contract dispute between race car owner and presumed major sponsor over trademark license, commitment, and degree of sponsorship for racing season
  • Successfully resolved trademark infringement claims by two technology companies with similar marks, inconclusive use histories and arguably divergent products

Teaching Appointments

  • Visiting Professor, American University School of Law, Yerevan, Armenia; Intellectual Property Law, Media Law
  • Visiting Professor, University of Paris V Faculty of Law, Paris, France; Comparative Constitutional Law, Common Law
  • Visiting Instructor, Indonesian State University at Denpasar Law Facility; Trademark, Copyright
  • Instructor, University of California, Berkeley. Legal Studies and Rhetoric Departments; Legal Theory, Legal Proof and Human Rights courses
  • Ms. Hasse has also conducted numerous professional training sessions internationally, in English and in French, including:
    • Courses and seminars in Intellectual Property law, media law, arbitration and mediation, legal reform and rule of law matters in Russia, Eastern Europe, France, Peru, francophone African countries, Central Asian countries, Indonesia, Peru, Ecuador and China, among others.
    • Mentored professional mediators from France, Spain, Italy, Greece, Ecuador, Russia, Senegal, China and Bulgaria

Honors, Memberships, and Professional Activities

  • Fellow, Chartered Institute of Arbitrators, London
  • Fulbright Fellow, Paris, France; Legal Scholar in comparative law
  • Selected Member, The Masters Forum of the Straus Institute for Dispute Resolution, Pepperdine University
  • Certified by United Nations in Civilian Personnel of Peace-Keeping, Mediators and Election Monitoring at International Faculty of Scuola Superiore Sant’Anna, (Advanced Studies in Human Rights and Conflict Management), Pisa, Italy
  • Panelist, AIPLA (American Intellectual Property Law Association) ADR Neutral Registry
  • Panelist, Arts Arbitration and Mediation Services, San Francisco
  • Panelist, Bar Association of San Francisco, Qualified Mediator Panel and Trainer of Mediators
  • Member, American Bar Association – Intellectual Property and Dispute Resolution Sections
  • Member, California Bar Association – Intellectual Property, Litigation, Dispute Resolution, and International Law sections
  • Member, San Francisco Intellectual Property Association; Women’s Intellectual Property Law Association
  • Visiting Professor, University of California Berkeley, American University School of Law, Yerevan, Armenia; University of Paris V Faculty of Law, France; Indonesian State University at Denpasar Law Facility, Intellectual Property, Civil Law, Comparative Law, Dispute Resolution, Media Law and Legal Theory
  • Member, Boards of Directors: Heart-to-Heart International Children’s Medical Alliance; Track Two Center for Diplomacy; the Russian-American Center; Founding Board of the Edible Schoolyard, Berkeley, CA; Trustee: Presidio Graduate School, San Francisco, CA

Background and Education

  • Founding Partner, Creative Industry Law, San Francisco
  • Coudert Brothers LLP, 2002-2004
  • Hasse Molesky LLP 1987-2002
  • Steinhart & Falconer LLP, 1984-1986
  • Heller Ehrman, White & McAuliffe LLP, 1982-1984
  • J.D., University of California, Berkeley School of Law (formerly Boalt Hall School of Law), 1982
  • M.A., Jurisprudence and Social Policy, University of California, Berkeley, 1982
  • B.A., magna cum laude, Wesleyan University, Highest Honors in Linguistics, 1977

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