Mr. Himmelman has mediated and arbitrated a number of intellectual property disputes over the past two decades. These cases have involved patents, licensing, royalties, copyright, and trademark issues. In addition, his many years of private practice involved litigation and negotiation of a substantial number of intellectual property cases concerning disputes among national and multi-national companies over proprietary data and other information necessary to meet extensive governmental regulatory and licensing requirements.
Representative Matters
- Artist Royalties
- One of three members of a United States Copyright Arbitration Royalty Panel resolving the distribution of royalties owed to recording artists whose music was played on digital audio recording technology.
- Copyright/Trademark
- Mediated several disputes that involved copyright and trademark issues, including cases related to popular consumer products and proprietary technology in telecommunications.
- Licensing/Marketing
- Mediated numerous licensing, marketing, and breach of contract disputes involving, for example, software, technology, information management systems, transportation, and consulting companies, including issues arising out of alleged fraud and ancillary claims. Several cases stemmed from disagreements after mergers and acquisitions. The cases frequently have included disputes between an acquiring company and the owners and officers of the acquired business concerning respective rights in proprietary products, royalty entitlements, executive compensation, and non-compete requirements.
- Patents/Consumer Product
- As part of a three-member mini-trial panel, performed a case evaluation for two of the nation’s major consumer product suppliers in a dispute over the patent to a packaging technology that was critical to the success of the consumer product. The dispute was resolved after the panel’s evaluation was presented and explained to the parties.
- Patents/Technology
- Mediated patent dispute between patent holder and company operating in the telecommunications field involving claims and cross-claims pending in two Federal courts and a State Court. Settlement resulted in dismissal of all court actions and provided for the opportunity to pursue ongoing business relations.
