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Joyce Klemmer

Joyce B. Klemmer, Esq.


Case Manager
Jessica de Leon
T: 404-566-2154
F: 404-588-0905
1201 W. Peachtree St., NW, #2650, Atlanta, GA 30309

Joyce B. Klemmer is available to conduct cases virtually. JAMS is equipped to provide virtual ADR services on a variety of online platforms, including Zoom, Microsoft Teams, WebEx, and more.

Biography

Joyce B. Klemmer, Esq. joins JAMS following a successful career spanning more than three decades representing US and European clients in complex intellectual property, business and commercial litigation. Ms. Klemmer has effectively resolved hundreds of cases in the areas of copyright, patent, trademark, trade secret, business & commercial, employment, health care, consumer products and joint ventures/asset acquisition. She has argued in the Federal Circuit Court of Appeals and the Eleventh Circuit Court of Appeals.

Ms. Klemmer has an active practice resolving intellectual property disputes where she has served as an arbitrator and mediator. She has dealt with issues related to copyright, patent and trademark infringement, trade secrets and related commercial disputes involving contracts and licenses, and is also well-versed in other disputes arising under the Lanham Act including dilution and false advertising. Ms. Klemmer regularly writes and lectures on a variety of topics related to intellectual property law and alternative dispute resolution and stays active in the Georgia legal community through leadership positions representative of her global intellectual property experience.

In addition to her litigation skills, Ms. Klemmer is known for her commitment to and creativity in settling disputes both as an advocate and a neutral. She is a board member of the Atlanta International Arbitration Society as well as the Dispute Resolution and Intellectual Property sections of the Atlanta Bar Association. She is a past Chair of the State Bar of Georgia Intellectual Property Section and a past member of the International Trademark Association Panel of Neutrals.

ADR Experience and Qualifications

  • Evaluated and settled hundreds of complex intellectual property cases as a litigator and neutral
  • Registered mediator and arbitrator with the State of Georgia
  • Trained at Pepperdine University, Straus Institute for Dispute Resolution
  • More than 30 years of experience as an intellectual property litigator

Representative Matters

Business & Commercial

  • Served as arbitrator in an asset purchase agreement dispute related to a technology sector dispute.
  • Served as arbitrator in various title loan transaction disputes related to alleged violations of a state consumer finance act.
  • Served as arbitrator on a consumer matter governed by California law related to online gaming.
  • Served as arbitrator on a consumer matter related to an online platform for content creators.

Employment

  • Served as arbitrator in an age discrimination matter involving a global technology company.
  • As an advocate, handled numerous trade secret misappropriation cases involving former employees.
  • As an advocate, handled age, race and gender discrimination cases.

Health Care

  • Served as mediator in a contract dispute pertaining to the development by a public university of innovative medical examination devices and associated technology

Intellectual Property

  • Served as mediator in a patent infringement matter involving a consumer goods company and use of patent limitations by a third party.
  • Served as a mediator in a trademark infringement case involving restaurant and food services.
  • Mediated a copyright infringement case involving book publication rights.
  • Extensive experience with cases involving infringement, dilution and false advertising under the Lanham Act
  • As an advocate, managed the worldwide trademark portfolio of an international sports surfacing manufacturer for over 20 years and the trademark portfolio of an infant specialty company for over 10 years, including prosecuting and defending claims brought under the Lanham Act
  • Litigated a case alleging breach of a software license and copyright infringement, under Canadian and U.S. laws, and whether transfer of the avionics software in issue transferred rights in preexisting software programs
  • Has handled numerous copyright cases involving music licensing and infringement, literary rights, rights in computer programs, photography, advertising copy and jewelry designs
  • Experience with patent infringement cases involving various kinds of technology, including poultry processing machines, poultry transportation systems, laminated flooring, an airline ticketing seat selection system, simulated firearms training systems, products for the reinforcement of poured concrete, infant monitoring systems and wood pulp processing equipment
  • As an advocate, handled many types of misappropriation of trade secrets cases involving veterinary biologics, manufacturing processes for bending glass and confidential business marketing plans, and business records and customer lists
  • As an advocate, handled Computer Fraud and Abuse Act cases
  • Represented a major radar manufacturer/defense contractor against allegations of misappropriation of trade secrets in a case that implicated the U.S. government and the Defense Federal Acquisition Regulations
  • Handled an international matter involving Italian and Brazilian corporations with well-established rights for the same trademark in their respective countries; the litigation focused on U.S. rights
  • Numerous international intellectual property matters for Dutch, Danish, Italian, German and French clients

Professional Liability

  • Served as arbitrator on a medical malpractice and breach of contract matter involving a veterans’ facility.
  • Served as arbitrator on a medical malpractice matter related to a long-term care facility.

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

Memberships and Professional Activities

  • Board Member, Dispute Resolution Section, Atlanta Bar Association, 2017–present
  • Board Member, Intellectual Property Section, Atlanta Bar Association, 2015–present
  • Board Member, Atlanta International Arbitration Society (AtlAS), 2017–present
  • Panelist, International Trademark Association’s Panel of Trademark Mediators, 2013–present
  • Past Chair, Intellectual Property Section, State Bar of Georgia, 1991
  • Rochester Institute of Technology Board of Trustees, 2010–present
  • Rochester Institute of Technology President’s Roundtable 2004–2010

Selected Speeches and Publications

  • Editor, IP Brain Trust (a publication of Smith, Gambrell & Russell), 2013–2017
  • Mediating the Intellectual Property Case, Atlanta Bar Association, November 2017
  • Supreme Court Rules on Design Patent Infringement Damages, December 2016
  • Mediators vs. Gladiators in the Intellectual Property World, June 2012
  • Protecting Proprietary Software with Copyright, July 2013
  • Social Media and the Law, Georgia Utility Contractors Association Annual Conference, June 2011
  • False Patent Marking Can Lead to Costly Litigation, Product Liability, Protection and Defense Group Spring Workshop, March 2011
  • Protection of Intellectual Property, 7th Annual Rochester Institute of Technology Entrepreneur Conference, October 2010
  • How to Prepare and Conduct a Markman Hearing, PLI Patent Litigation Seminar, July 2004
  • Copyright Licensing, PLI Understanding the Intellectual Property License Seminar, January 2003
  • TROs and Preliminary and Permanent Injunctions in Patent Cases, PLI Patent Litigation Seminar, October 2001
  • After the Preliminary Injunction Hearing, PLI Patent Litigation Seminar, October 2000; reprinted in IP Litigator, August 2001
  • E Commerce Jurisdiction and Copyright Infringement, Electronic Commerce: Managing Risks to Maximize Profits Seminar, April 1999
  • Sending the Message: Effective Closing Arguments with Demonstrative Exhibits, PLI Patent Litigation Seminar, October 1999
  • Developments in Intellectual Property Litigation, Eleventh Circuit Decisions, ABA Section of Business Law Annual Spring Meeting, 1998
  • Invalidity Defenses: A Good Offense Is the Best Defense, PLI Patent Litigation Seminar, October 1997
  • Partner, Smith, Gambrell & Russell LLP, 1988–2017
  • Associate, Smith Gambrell & Russell LLP, 1981–1988
  • J.D., Emory University School of Law, 1981
  • B.S., Rochester Institute of Technology, 1978

News

Events

Practice Areas

  • Arbitration
  • Business & Commercial
  • Employment Law
  • Intellectual Property
  • Special Master/Discovery Referee

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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