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Roderick M. Thompson

Roderick M. Thompson Esq.

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Upcoming Events
General Biography
Practice Areas
Antitrust & Competition
Business Commercial
Cybersecurity & Privacy
Employment Law
Entertainment & Sports
Health Care
Intellectual Property
International & Cross-Border
Real Property
Honors, Memberships, and Professional Activities
Background and Education

Rod Thompson applies his deep experience in complex commercial litigation from three different perspectives—as a trial lawyer, mediator and arbitrator—to efficiently resolve even the most difficult cases. Before joining JAMS, Mr. Thompson was an associate and then partner at a large international law firm for the first 20 years of his career, specializing in antitrust, competition and intellectual property litigation. For the next 20 years, he was a partner at a midsize Bay Area law firm known for success and its willingness to represent plaintiffs, as well as defendants, in high-stakes commercial litigation. All the while, Mr. Thompson served as neutral arbitrator, mediator and early neutral evaluator as time permitted.

Mr. Thompson brings the perspective of an experienced commercial trial lawyer/advocate to his role as neutral. As a mediator, early on in the process, he uses probing questions and effective listening to gain an understanding of the parties’ underlying interests as well as the merits of their positions. He believes that confidentiality and flexibility make mediation an effective tool for resolving commercial disputes. The parties must trust the mediator to disclose their true interests/needs, knowing that confidential information will not be shared with an opposing party or counsel without permission. Using the flexibility of mediation, Mr. Thompson helps parties to adapt and structure the process to best fit the unique opportunities presented by their dispute and any actual or potential business relationships.

As arbitrator, Mr. Thompson manages even in the most complicated and challenging disputes to ensure that the parties have the benefit of an efficient and fair adjudicative process and a fully informed, justified and understandable decision. Whether serving as chair, a wing or sole arbitrator, Mr. Thompson will ensure that the parties are provided an adequate opportunity to gather and present their evidence and arguments. Always looking to manage the process, he will rule promptly and decisively, working with the parties to obtain efficiently the necessary information to provide a reasoned award.

ADR Experience and Qualifications

  • Mediator since 1987, when Mr. Thompson was a member of one of the first classes of mediators trained in San Francisco in the early days of ADR 
    • Before 2000, mediated a wide array of disputes, including commercial, employment, trusts and estates, real estate and personal injury cases
    • Since 2000, has served as mediator primarily in commercial disputes, frequently involving technology, intellectual property and/or competition related cases; has successfully mediated over 100 patent, trade secrets, trademark/advertising and copyright-related controversies
  • Arbitrator, serving as sole, wing and chair, in a variety of cases beginning in the early 1990s
    • Representative awards include multi-week patent cases, law firm break-ups, software development and licensing disputes, and disputes over distribution agreements and commissions earned.
  • Early Neutral Evaluator, U.S. District Court for the Northern District of California, 2000–present
  • Settlement Judge Pro Tem, Unlawful Detainer Calendar, San Francisco Superior Court, 2004–2011

Representative Matters

  • Antitrust & Competition
      • Represented a defendant in class action alleging price-fixing by oil companies (In re Coordinated Pretrial Proceedings in Petroleum Prods. Antitrust Litig., 906 F.2d 432 (9th Cir.1990)
      • Trial lawyer in multiple litigation and arbitrations for owner of a global distribution system related to the introduction of disruptive online travel technology
      • Trial lawyer in Walker Process claim litigated over the anticompetitive assertion of patents covering touchpad locking lockers known to be invalid (Ojmar US LLC v. Security People Inc. (Case No. 16-cv-04948-HSG (N.D. Cal. 2018))
  • Copyright
      • Successfully conducted mediation via video technology between direct competitors in retail and internet jewelry sales. One party claimed copyright infringement over certain jewelry designs and breach of a prior settlement agreement between the same parties
      • Conducted mediation via videoconference between security software competitors over defendant’s software program, which identified plaintiff’s product as having deceptive characteristics because it allegedly produced false positives for the presence of malware, and defendant’s claimed immunity from suit potentially available under Section 230 of the Communications Decency Act.
      • Represented amici in briefing in Authors Guild, Inc. v. HathiTrust, 755 F. 3d 87 (2nd Cir. 2014)(fair use of digital library for those with disabilities)
      • Sole arbitrator in copyright license dispute between a Swiss distributor and a U.S. copyright owner on royalties and copyightability of a popular toy sold worldwide
      • Trial lawyer in dispute over photographs displayed on the internet (Rosen v. Hosting Services, Inc., 771 F. Supp. 2d 1219 (C.D. Cal. 2010)) (summary judgment on DMCA claim)
      • Trial lawyer in litigation over copyrighted knick-knacks (Figi Graphics, Inc. v. Dollar General Corp., 33 F. Supp. 2d 1263 (S.D.1998)) (dismissed for lack of personal jurisdiction)  
      • Trial lawyer defending law firm against conflict of interest/malpractice claims arising from its alleged simultaneous representation of a celebrated rock-and-roll band and the lead singer’s father, who purchased the copyrights to the group’s songs
  • Employment Law
      • Sole Arbitrator in case alleging violations of Fair Labor Standards Act for failure to pay minimum wage on all hours worked and proper overtime.  Claimant sought unpaid wages, liquidated damages, and attorneys’ fees and costs under 29 U.S.C. § 201 et seq.  Respondent denied the allegations and asserted, among other defenses, statute of limitations, de minimis and non-compensable time, and class action release. 
      • As a trial lawyer, represented clients in many actions with labor and employment claims including, a substantial employment class action alleging telemarketers were forced to engage in deceptive and unlawful marketing practices and were unlawfully compensated for adding charges that customers did not actually order or want.
      • Arbitrator in two test cases asserted by gig economy claimants alleging they were employees entitled to past damages/compensation in relationship with respondent under the mandatory arbitration clause in their “Independent Contactor” agreements with a class action waiver as part of a large mass arbitration filing    
      • Arbitrator in two gig economy cases alleging that claimants were employees entitled to past damages/compensation in relationship with respondent under the mandatory arbitration clause as part of mass arbitration filing
      • Arbitrator in pro se claimant case alleging wrongful deactivation of his access to delivery orders based on customer ratings
      • Arbitrator in case brought by former au pair alleging federal claims for failure to pay minimum hourly rates and overtime
      • Mediated two disputes between an inventor/employee and his former employer, a semiconductor equipment manufacturer, related to patent rights under Section 2870 of the California Labor Code and a separate, second invention on a micro lens array
      • Pre-litigation advice as to applicability of inevitable disclosure claim by California employer against ex-employee located abroad hired by a direct competitor
      • Trial lawyer in many disputes involving claims that former employees were competing with former employer by allegedly using stolen trade secrets 
  • Entertainment & Sports
      • Sole arbitrator in dispute between Claimant a social-media startup short-form video storytelling platform and a talent agency over promised well-known celebrity ambassadors for endorsements.  Award issued addressing claims for damages for the failure to deliver these high-value partnerships, including one with a rising star who achieved worldwide recognition in the music world while the arbitration was pending
      • Conducted early neutral evaluation followed by mediation in dispute over copyright ownership in full-length documentary film with competing copyright ownership claims by the producer and director, where the subject of the documentary favored one party
      • Trial lawyer in music and movie downloading case (Disney Enterprises, Inc. v. Hotfile Corp., 798 F. Supp. 2d 1303 (S.D. Fla. 2011)) (motion to dismiss denied in part)
      • Mediated dispute among members of Jefferson Starship/Airplane over ownership of the group’s name and its use in reunion concerts
      • Mediated dispute between real-world owner of famous trademark used on vehicles nationwide and the maker of a video game console using software that incorporated the trademark into the games
      • As trial lawyer, represented a party in the malpractice/copyright lawsuit brought by Mike Love of the Beach Boys against a law firm, several other defendants and fellow Beach Boy Brian Wilson regarding alleged wrongful transfer of the copyrights in the Beach Boys’ catalog of songs
  • Health Care
      • Successfully mediated dispute between four community hospitals alleging they had been underpaid by defendant managed care organization for emergency and post-stabilization care spanning a five-year period. The disagreement centered the reasonable and customary value of those services and application of the six statutorily required “Gould factors” and the Children’s Hospital v. Blue Cross precedent involving a similar fact pattern and the reasonable value of the post-stabilization emergency medical services provided during an off-contract period before the parties entered a contract. The parties disagreed on the proper weight that should be given to the contractual rates set by a new, recently entered agreement between them as well as contract rates paid by defendant to other hospitals in the same geographic area.     
      • Co-mediated dispute between hospital and payor (responsible for the ASO accounts at issue) over multiple billing issues, including whether substantial claim regarding patient admitted as “trauma,” who was treated by a dedicated trauma team, should properly be paid at the higher trauma daily rate for the entire hospitalization under the applicable revenue codes on UB-04 forms, CM descriptors and DRGs used in processing the claim. 
      • Served as sole arbitrator in a dispute between a hospital system and a software company over email archiving and storage software
      • Represented a medical device client on products liability and intellectual property issues, including defense of a substantial class action
      • Represented two doctors/inventors in a dispute with a university and another doctor over their discovery of an improved method for pain relief
      • Mediated dispute between competitors over medical device patents related to treatment of chronic pain using spinal cord stimulation therapy
      • Served as wing arbitrator in multi-patent arbitration over inventions related to balloon-expandable coronary stents; panel issued claims construction order and held multi-week hearing before issuing final award
      • In a large antitrust action, represented the plaintiff class of self-funded health care payors (employers and union trusts) (UFCW & Employers Benefit Trust v. Sutter Health et al. (2015) 241 Cal. App. 4th 909) (affirming denial of motion to compel arbitration); case settled with defendants agreeing to groundbreaking monetary and injunctive relief
      • Represented third-party witnesses in arbitrations between large hospital system and health insurer over alleged breach of contract by insurer in not forcing its clients (non-parties to the contract) in to arbitration
      • Represented inventor of commercially successful treatment for dry eyes in successful effort to have his name added as inventor on several patents
  • International Cross Border Disputes
      • Sole Arbitrator in a dispute over commissions allegedly owed under an agreement between the agent/claimant based in Germany and a respondent/licensor of intellectual property rights associated with a well-known fictional character. Claimant alleged that it had negotiated a license for respondent with a third-party specializing in NFT (Non-Fungible Tokens). Claimant asserted that respondent failed to pay its commission due for substantially negotiating the license that was later executed with the NFT specialist. The arbitration was conducted pursuant to the Expedited Procedure Provisions of the ICC Rules of Arbitration. After a two-day hearing by videoconference, a fifteen-page Final Award timely issued within six months of the initial Case Management Conference as provided by the expedited schedule.  
      • Wing Arbitrator in dispute over patent license royalties between U.S. patent-owner and Korean consumer electronics manufacturer under ICC Rules
      • Sole Arbitrator in trade secret/copyright dispute over novelty toy between Swiss seller and U.S. developer under ICDR Rules
      • Tribunal Chair in seven patent dispute between U.S. patent-owner and Chinese manufacturer over blow-molded technology  under ICDR Rules
      • Mediated dispute between Silicon Valley and Italian inventors over automated software technology
      • Early successful hybrid video mediation between former business partners, one located in the U.S. and Belgium
      • Wing Arbitrator in dispute over RAND/SEP royalties between U.S. patent owner and Taiwanese package design chip maker under ICDR Rules
      • Tribunal Chair in dispute over outdoor adventure sports-related equipment between Canadian contract supplier/manufacturer and Mexican provider of outdoor adventure sports
  • Other Commercial Disputes
      • Mediated claims under section 1681e(b) of the Fair Credit Reporting Act (FCRA) against a credit reporting agency (“CRA”) brought by two plaintiffs whose credit files had been mixed/merged.  They asserted unreasonable reinvestigation, lack of reasonable procedures and permissible purpose claims.  Plaintiffs’ damages allegations included the assertion that because of the CRA’s mistakes their relationship had become estranged to the point that they could no longer communicate with each other and had to remain in separate rooms during the mediation.  The case, which had not settled during two prior settlement conferences, resolved the day after a hybrid mediation session with defendant and counsel participating remotely. 
      • Successfully resolved three disputes in two related mediations by ISP over of tens of thousands of emails that allegedly violated the CAN-SPAM Act. The potential defendants were several advertisers (or “procurers” under the CAN-SPAM Act), publishers, various sub-affiliates of the publishers and a digital media advertising agency. Issues included lack of personal jurisdiction over the potential defendants based on the location of the ISP’s servers, that the ISP lacked standing because it had suffered no cognizable injury and that none of the alleged violations (spoofing email addresses and alleged misrepresentations in the content of the emails) were “material” within the meaning of the CAN-SPAM Act. All claims resolved based on an innovative notice and cure provisions governing future conduct coupled with a portion of the potential statutory damages based on the number of emails attributable to each defendant.  
      • Served as sole arbitrator in a dispute over a claimed breach of contract for canceling a large event out of concerns about the Omicron COVID surge in early 2022. The key issue concerned the liquidated cancellation damages and impossibility clauses in the parties’ contracts under California law. Respondent contended that actions and directives of various governmental agencies rendered performance impossible. The case proceeded through hearing and award on the merits.
      • Wing arbitrator on a panel involving a dispute between a U.S.-based provider of advertising on internet sites and a European owner of several websites over the amount of money earned by alleged advertising based on the amount of “traffic” on the websites. Claimant alleged that Respondents and one of Claimant’s employees conspired to artificially manipulate traffic counts using “bots” and later fabricated evidence to support the wildly inaccurate traffic counts. Claimant alleged breach of contract and various torts, including fraud and a claimed California Penal Code Section 496 violation. The Respondents did not participate in the arbitration, which proceeded to the final award.
  • Patent Cases
      • Provided Early Neutral Evaluation limited to issues related to invalidity challenges to sole asserted patent on elongated swimming pool cleaning poles with “means for removably attaching a tool.” Key issues included whether the quoted term is a means plus function claim, whether pre-issuance damages were available after publication under Section 154 and an alleged prior art pole, turning on application of the Barbed Wire cases to determine what is required for sufficient corroboration of its alleged functioning some 15 years earlier. There were related disputes over correct publication date (of current or parent applications) and likelihood of treble damages and attorney’s fees for alleged willful infringement.
      • Panel chair in a complex and protracted arbitration between competitors (one based in China and the patent owner in the U.S.) over seven patents related to blow-molding technology and related counterclaims for breach of a cross license; panel conducted a two-day Markman (or claim construction) hearing and a three-week evidentiary hearing, issued a claims construction and a dozen other pre-hearing orders, three interim awards and a lengthy final award
      • Served on arbitration panel in dispute over the amount of FRAND/SEP royalties paid by a chip supplier seeking indemnity from its contract chip package design and manufacturer
      • Served as early neutral evaluator in legal malpractice claim asserted against international law firm by a biotech startup with a patented invention that predicted disease based on protein biomarkers present in a patient’s blood; the law firm allegedly copied a portion of the specification of plaintiff’s patent and used it in an application the firm filed for a competitor; converted to mediation and settled
      • Mediated dispute between competitors (one in Napa Valley and the other in South Africa) over patents covering a volatile acid reduction method used in the wine industry that eventually was resolved by the defendant purchasing the plaintiff’s business unit
      • Mediator in multi-patent dispute between chip makers over patents covering communication between a host computer and a network for transmission of a frame of data stored to a dedicated transmission buffer
      • Trial lawyer defending two, 10-patent cases filed by non-practicing entity, which purchased the rights to thousands of patents from a supplier (Round Rock Research v. Dell 904 F.Supp.2d 374 (D. Del. and E.D. Texas 2011-2012))
      • Mediator in several cases involving the same patent owner asserting infringement of patents relating to methods and controllers for improving the response time of liquid crystal displays against tablet/e-readers suppliers
      • Successfully handled several patent cases involving alleged payment card technology inventions (Restricted Spending Solutions, LLC v. Allow Card Of America, Inc. 743 F. Supp. 2d 954 (N.D. Ill. 2010)) (granting summary judgment) (Every Penny Counts, Inc. v. American Express Co., 563 F. 3d 1378 (Fed. Cir. 2009)) (affirming grant of judgment at Markman hearing)
      • Trial lawyer in three-week trial over alleged infringement of patents covering methods used in the manufacture of semiconductor chips (Dainippon Screen Mfg. Co., Ltd. v. CFMT, Inc., 142 F. 3d 1266 (Fed. Cir. 1998)) (reversing dismissal for lack of personal jurisdiction and giving opponent a "chutzpah award")
  • Real Property
      • Served as representative for the HOA board in multi-day mediation in dispute between the HOA and the local Sanitary District over repair, maintenance and ownership of sewer lines and laterals serving the 67-unit condominium development.
      • Advised a condominium owner in dispute with the HOA over long-planned repairs to the unit he purchased with the express condition that the seller would bear all the cost.  The dispute was over whether the owner would have any control over the style and appearance of new windows being installed in the unit.  Explored pros/cons of arbitration and mediation with HOA.
  • Technology Contract Disputes
      • Conducted mediation via video technology between  multiple former business collaborators in manufacturing and selling very large replacement parts for huge engines. One party claimed IP rights over certain designs and molds as well as a breach of an asserted partnership agreement. Two defendants participated in the mediation, one with insurance coverage. Representatives of the three parties and the insurance carriers, along with their counsel, all participated via separate breakout rooms. Complicating matters, another alleged partner located abroad was in default and did not participate
      • Successfully mediated dispute between large Silicon Valley computer networking company and European chip design/manufacturer over failed set-top box product and alleged hundreds of millions of lost profit damages
      • Sole arbitrator in breach of contract claims over development of email archiving and storage software developed under a master software license agreement and multiple SOWs; issued interim and final awards
      • Trial lawyer in breach of contract arbitration over development of software used for generating rewards points and associated gifts under a master software license agreement and multiple SOWs; case settled shortly before hearing
      • Wing arbitrator on panel hearing dispute between large chip supplier and startup over joint development agreement of technology intended to be used for GPS pet tracking by insertion of a chip in pet’s collar; after multiple hearings, panel issued interim and final awards
      • Sole arbitrator over alleged breaches of and claims for indemnity under an exclusive license agreement between competitors providing software programs used by schools
      • Trial lawyer in arbitration between large Silicon Valley computer chip maker and European handset maker over chip design/failure and hundreds of millions of alleged unpaid expenses and damages
      • Sole arbitrator in dispute over indemnity and counterclaims for damages arising from multi-million-dollar Patent Purchase, Stock Purchase. LLC Membership and related agreements and underlying dispute over ownership of intellectual property rights on green packaging methods and apparatus between a group of individual sellers/technology owners and United States technology company facing solvency issues while transitioning to a new business in light of COVID-19
  • Trade Secrets
      • Provided Early Neutral Evaluation in the form of an overall case evaluation in a USDC breach of contract/trade secrets case between individual entrepreneur and software development company over development of two learning applications. Breach of contract issues revolved around the impact of payment estimates in a development contract based on time and materials charges, failure to meet deadlines, cost overruns and ultimately termination.  Trade secrets claims were directed to source code developed by software company for plaintiff’s use that was not deleted or destroyed on termination and was instead stored on a Google Drive in account accessible to 60+ individuals connected with the Software Development company.
      • Mediated and resolved acrimonious litigation between a small, specialized software company that had created customized programs for its much larger, vertically integrated customer; both claimed to have trade secrets in the program; matter resolved by leveraging related but separate business relationships and use of guaranteed minimum sales
      • Mediated successfully dispute between two companies with Italian principals, one located in Italy and the other in Silicon Valley, involving trade secret, licensing and trademark claims in the consumer electronics and IoT space
      • Acted as mediator in dispute between U.S. technology company that sold products designed to increase internet advertising revenue and its exclusive European reseller; mediation conducted by videoconference with one party in Switzerland and the other in San Francisco; case resolved via a mediator’s proposal
      • Served as mediator in dispute between former employees and nationwide educational service provider over claims of breach of duty of loyalty for competing while still employed and use of proprietary lead generations and methods for improving classroom teaching effectiveness
  • Trademark/Trade Dress
      • UDRP domain name arbitrator for WIPO and CPR, 2000–present
      • Mediated dispute between an established supplier and a startup that wanted to use the same, possibly descriptive, trademark; no matter who won, litigation threatened to damage the trademark; resolved via pre-mediation session discussions leading to business solution
      • Successfully mediated two cases involving a computer chip company’s well-known trademark against several internet startups that incorporated the mark as part of their names
      • Successfully mediated series of cases involving a strong trademark used by a primarily brick-and-mortar business against several internet competitors that used the trademark without consent on their websites
      • Trial lawyer in dispute over trade dress between a new entrant and the incumbent in market for clean-burning fire logs
      • Trial lawyer in trademark disputes over licensing/482 tax issues and the tax consequences of transfer of trademark rights from U.S subsidiary to international parent company

Honors, Memberships, and Professional Activities

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

Selected Awards and Honors

  • List of the World’s Leading Technology Neutrals, Silicon Valley Arbitration & Mediation Center, 2016–2023
  • Best Lawyers in America,Intellectual Property Litigation, 2015–2020
  • Managing Intellectual Property, IP Stars, 2013–2020
  • California Lawyer Attorney of the Year Award (for his Ninth Circuit victory representing the City of Sunnyvale in defeating a Second Amendment challenge), 2016
  • Daily Journal, List of the Top 75 IP Litigators in California (twice)
  • Benchmark Litigation, State Litigation Stars in California
  • Northern California Super Lawyers, 2011–present
  • PLC Which Lawyer?for Dispute Resolution
  • Award of Recognition (for service in the court's Alternative Dispute Resolution Program), U.S. District Court for the Northern District of California), 1999
  • Mediator of the Year, Distinguished Service Award, American Arbitration Association, 1989


  • Member, American Arbitration Association Commercial panel (1987-2020)
    • Large Complex Commercial (LCC) Best Practices Committee (2018-2000)
  • Member, California Arbitration (CalArb)  (Founding Member 2022)  
  • Member, The Mediation Society, 2014–present (Board of Directors, 2019-2022)
  • Member, Local ADR Rules Committee, United States District Court for the Northern District of California, 2017–2019
  • Member, Technology and California Regional Panels, CPR Institute for Dispute Resolution, 1994–present
  • Member, Mediation and Early Neutral Evaluation Panels, United States District Court N.D. Cal.
  • Member; UDRP, Arbitration and Mediation Panels; World Intellectual Property Organization; 1999–present
  • Member; IP, Antitrust, Business Law, Dispute Resolution and Science and Technology Sections; American Bar Association
  • Member, Antitrust and Litigation Sections, State Bar of California 
    • Past Chair, Alternative Dispute Resolution Committee
    • Member, Litigation Section Executive Committee
  • Member, American Intellectual Property Law Association (AIPLA), 1992–2015
    • Chair and Co-Chair, ADR Committee
  • Member, Licensing Executives Society, 1992–2010

Speaking Engagements

  • Two-Part Online Course: Mediation in the Patent/Technology Case; Silicon Valley Arbitration and Mediation Center and Stanford Law School (with David Allgeyer, Janet Martinez and Harrie Samaras); August 4 and 6, 2020; see
  • Online presentation: COVID-19’s Impact on International Tech Startups: Appropriate Dispute Resolution to the Rescue, ABA Business Law Section (with Ryan Abbott (moderator), Elana Freeman, Olga Mack and Stephanie Montaño), July 27, 2020
  • Silicon Valley Arbitration and Mediation Center (SVAMC) All-Members Meeting, panel on the impact of litigation funding on mediation and arbitration, May 2019
  • The Mediation Society, roundtable on the impact of litigation funding on mediation, January 2019
  • Advanced Issues in Tech and Patent ADR: Advocacy at the Arbitration Hearing, WIPO and SVAMC (panel with Amb. (r) David Heubner, Neil A. Smith and Grant Kim), November 7, 2018
  • Advanced Issues in Tech and Patent ADR: Making Mediation Work in the Tech/Patent Case, WIPO and SVAMC (moderator of Panel: Less Weinstein, Brad Waugh and Cathleen Anderson), November 7, 2018
  • How Technology Is Shaping the Future of ADR Practice, ABA Dispute Resolution Section (moderator of panel: Gary Benton, Daralyn Durie, Daniel Garrie and Renny Hwang), April 20, 2017
  • The Future of Patent Mediation, ABA Dispute Resolution Section (panelist along with Jeff Kichaven (moderator), Michael Ng. Stefani Shanberg and Lauren Sigler), April 18, 2017
  • Smarter, Faster, Cheaper Technology Dispute Resolution Conference, Panel: Should Arbitration and Mediation Be Utilized in Tech Disputes? Faster? Cheaper? (with Susan Nycum, Les Schieflebein, Serena Lee, Colin Rule and Robert Morrill), September 16, 2016 
  • Problems/Challenges in Effectively Using Arbitration and Mediation in Patent Litigation and Ways to Improve Their Use, ABA Annual Meeting (moderator of panel: Judge James Ware (Ret.), Scott Donahey and Harrie Samaras), August 8, 2013
  • Comparison of Available Arbitration Clauses and Forums, AIPLA Annual Meeting (presentation with handout publication; panel with Mike Kaminski, Kevin Casey and Tom Creel), October 18, 2001

Selected Publications

  • “Repurposed Foul Lines after Google v. Oracle” ABA Section of Intellectual Property Law’s Landslide Magazine
  • “Can mediation protect patent settlement license negotiations from later discovery in the US?” Intellectual Property Magazine (February 2021) 
  • “Exploring and Using Business Solutions In Mediation Settlement Agreements,” Alternatives to the High Cost of Litigation (April 2020)
  • The Sedona Conference Working Group Series, “Commentary on Patent Litigation Best Practices: Patent-Mediation Chapter” (April 2017), Chapter Editor with Mark Wine
  • “Mediated Agreements and Magic Words: Admissibility of Mediated Settlements of California State Law Claims in Federal Court” with Erik Olson
  • California Lawyer Expert Advice Mediation Confidentiality (June 10, 2016)    
  • “Some Practical Tips to Mediation of Intellectual Property Disputes,” The General Counsel Advisor, Vol. 2, No.1 (Spring 1994) 
  • “Arbitration from an Arbitrator’s Perspective,” IP Litigator, January/February 2006 (republished March 2006) 
  • ADR Columnist, IP Litigator, 2001–2007
  • “Judicial Strategies for Resolving Intellectual Property Cases Without Trial,” Journal of World Intellectual Property, July 1998
  • “A Ninth Circuit About-Face: Contractual Expansion of Judicial Review of Arbitration Decisions Will No Longer Be Enforced”
  • “Alternatives to Litigation” with Charles B. Renfrew, Chapter 20, Antitrust Counseling and Litigation Techniques, Julian von Kalinowski, Editor (1994, Matthew Bender)

Background and Education

  • Partner, Farella Braun + Martel LLP, 1999–2020
  • Partner/Associate, Pillsbury Madison & Sutro LLP, 1980–1999
  • J.D. Hastings College of the Law, 1980
    • Order of the Coif
  • B.A., Economics, Trinity College, 1977


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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