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Curtis von Kann

Hon. Curtis E. von Kann (Ret.)

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Case Manager
Erika Holland
T: 202-533-2019
F: 202-942-9186
1155 F Street, NW , Suite 1150 , Washington , DC 20004
eholland@jamsadr.com
Curtis E. von Kann, a former trial lawyer and retired judge, has been a full-time ADR neutral since 1995. He handles complex cases involving copyright royalty and licensing payments, patent and trademark infringement, trade secrets, and related matters in a wide variety of industries, including manufacturing, software design, cable television, internet services, satellites, and telecommunications. Judge von Kann’s expertise in managing and resolving difficult intellectual property cases led to his selection to speak to the ABA Intellectual Property Law Section, the Intellectual Property Owners Association, and the American Intellectual Property Law Association on a variety of ADR topics.

Representative Matters

  • Copyright and Trademark. Mediation concerning royalty and licensing payments allegedly owed by Fortune 100 Company for use of copyrighted interactive video games and disputes concerning alleged infringement of trademarks licensed to hundreds of franchisees
  • Copyright Royalties Distribution. Library of Congress arbitration to determine distribution of $200 million in cable television royalties among major national suppliers of copyrighted television programming
  • Copyright Royalty Rates. Library of Congress arbitration to set royalty rates to be paid by AOL, MTV, Viacom, and other webcasters for internet streaming of recorded music
  • Copyrighted Software. Mediation of dispute between competing satellite encryption services concerning alleged infringement of copyrighted software to secure communications over government satellite network and alleged breaches of licensing agreements
  • Patent and Antitrust. Mediation of international patent infringement and antitrust dispute between U.S. and Japanese steel companies concerning use of certain manufacturing processes
  • Patent Validity/Infringement. Neutral case evaluation of opposing claim construction arguments to be presented at a Markman hearing in litigation asserting patent infringement and patent invalidity regarding design of sophisticated software program marketed by one of the nation’s largest software companies
  • Trade Secrets. Neutral case evaluation of dispute alleging theft of trade secrets, breach of confidentiality agreement, and breach of fiduciary duties by former employees of nationwide housing provider who left former employer’s company to set up competing business
  • Listed in The Best Lawyers in America, in the practice area of Arbitration, 2016
  • Distinguished Neutral, CPR Institute for Dispute Resolution
  • Member, Chartered Institute of Arbitrators, London
  • Past President, College of Commercial Arbitrators
  • Listed in Best Lawyers in America, 2014
  • Former President, Harvard Law School Association of the District of Columbia and Charles Fahy American Inn of Court
  • Former Board Member, JAMS, National Board of Trustees of the American Inns of Court, Council for Court Excellence
  • Member of two Copyright Arbitration Royalty Panels, U.S. Copyright Office
  • First person selected to hear complaints against Members of Congress and others under the Congressional Accountability Act of 1995
  • Independent Counsel of the United States appointed to investigate alleged violations of law by President Clinton's campaign chief of staff
  • Special Master to the Deputy Attorney General appointed to resolve disputes between two divisions of the U.S. Department of Justice concerning $8 billion dollar law enforcement program
  • Frequently requested ADR lecturer and trainer for numerous organizations, including the World Bank, U.S. Department of Justice, National Judicial College, CPR Institute for Dispute Resolution, American Intellectual Property Law Association, Mass Torts Institute, American Bar Association, American Law Institute, American Corporate Counsel Association, Georgetown University, George Washington University, and leading law firms

Publications (Partial List)

  • "Winning in Arbitration: The 10 Golden Rules," JAMS GEC Newsletter, Summer 2017
  • "Contemporary U.S. Commercial Arbitration Meets Ancient Chinese Curse: May you Live in Exciting Times," Canadian Arbitration and Mediation Journal (Fall/Winter 2012)
  • The College of Commercial Arbitrators Protocols for Expeditious, Cost-Effective Commercial Arbitration (2010) (available at www.thecca.net) (Associate Editor)
  • The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration (2006) (JurisNet, LLC) (Editor-in-Chief)
  • "Alternative Dispute Resolution Can Avert Costly Court Battles," Potomac Tech Journal (October 14, 2002)
  • "Parties Should Make Arbitration Process Choices in the Contract," Metropolitan Corporate Counsel (September 2002) (co-author)
  • "Neutral Case Evaluation: A Valuable Addition to Your ADR Repertoire," Metropolitan Corporate Counsel (July 2002)
  • "A Week in the Life: Charting the Job of a Mediator in Daily Detail," Legal Times (March 25, 2002) and The Recorder (May 2002)
  • "Leaving the Bench for ADR," Legal Times (September 11, 1995)
  • "Reinventing the Jury Trial," Legal Times (January 2, 1995)
  • Arbitrator and Mediator, JAMS, 1997-present
  • Chair, ADR Department of Ross, Dixon & Masback, 1995-1997
  • Judge, District of Columbia Superior Court, 1985-1995
  • Civil Litigator, Hogan & Lovells (partner) and other law firms, 1969-1985
  • J.D., Harvard Law School, 1969
  • B.A., cum laude, Harvard College, 1964

Counsel Comments

    • "You kept the parties on an expeditious schedule, you made decisions about discovery and motions promptly and decisively and you were engaged during the presentation of witnesses and argument. One of my fears in arbitrations is that the arbitrator will split the baby in an effort to keep everyone somewhat happy. You did not do that, and we never really feared that you would. You made decisions throughout the case and stuck to them.  But I can tell you that both our team and the client spoke before your ruling issued and concluded that you had been an exceptionally good arbitrator. I would be happy to work with you again or to recommend you to others."

      - IP Partner at premier national law firm

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