Joyce B. Klemmer, Esq. joined JAMS following a rewarding career spanning more than three decades representing US and European clients in complex intellectual property and business and commercial litigation. As a mediator, she is known for her commitment to and creativity in settling disputes. As an arbitrator, she is known for her careful attention to the facts and the law.

Ms. Klemmer has successfully resolved hundreds of cases spanning numerous industry sectors, including technology, health care, finance, consumer products, joint ventures/asset acquisition and entertainment, among others.

Ms. Klemmer has an active mediation practice resolving intellectual property disputes nationally and internationally. She is well-versed in issues related to copyright, patent and trademark infringement, trade secrets and related commercial contract and licensing disputes, as well as 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 ADR. She stays active in the Georgia legal community through leadership positions. Ms. Klemmer is a board member of the Atlanta International Arbitration Society (AtlAS), an officer of the Georgia Bar Alternative Dispute Resolution Section, and a board member of the Dispute Resolution and Intellectual Property sections of the Atlanta Bar Association. She is a past chair of the Georgia Bar’s Intellectual Property Section and a past member of the International Trademark Association’s 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 the Straus Institute for Dispute Resolution at Pepperdine University
• More than 30 years of experience as an intellectual property litigator
• Decades of experience representing European companies in patent, trademark, copyright and trade secrets cases focused on U.S. rights.
• Argued cases in the Federal Circuit Court of Appeals and the Eleventh Circuit Court of Appeals.

Representative Matters

• Business & Commercial
• Served as arbitrator in an international asset purchase agreement dispute related to an international software company
• Served as arbitrator in numerous title loan transaction disputes related to alleged violations of a state consumer finance act
• Served as arbitrator on a consumer matter related to an online platform for content creators
• Served as an arbitrator in cases concerning the Truth in Lending Act (TILA)
• Employment Law
• Served as arbitrator in an age discrimination matter involving a global technology company
• Served as an arbitrator in a gender discrimination matter involving a female sales executive
• As an advocate and a mediator, handled numerous trade secret misappropriation cases involving former employees
• As an advocate, handled age, race and gender discrimination cases
• Entertainment & Sports
• Served as arbitrator on a consumer matter governed by California law related to online gaming
• Managed the worldwide trademark portfolio of an international sports surfacing manufacturer and litigated its trademark cases for over 20 years
• As lead counsel, handled numerous copyright cases involving music licensing and infringement, literary rights and photography
• Intellectual Property
• Served as mediator in a patent infringement case involving a consumer goods company and a patented product dispensing system
• Served as a mediator in a trademark infringement case involving restaurant and food services
• Served as mediator in a contract dispute pertaining to the development by a public university of innovative medical examination devices and associated technology
• Mediated a copyright infringement case involving book publication rights
• Mediated a case involving commercial use of copyrighted photographs
• Mediated a trade secrets dispute between non-profit organizations involving confidential donor information
• Served as a mediator in a trade secrets case involving veterinary diagnostic tools.
• Extensive experience with cases involving infringement, dilution and false advertising under the Lanham Act
• As counsel, managed the worldwide trademark portfolio of an infant specialty company, including prosecuting and defending claims brought under the Lanham Act
• Litigated hundreds of copyright cases involving rights in music, computer programs, avionics software, advertising copy and jewelry designs
• As lead counsel, litigated 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, an infant monitoring system and wood pulp processing equipment
• As an advocate, handled many types of misappropriation of trade secrets cases involving various technologies including veterinary biologics, processes for bending glass and radar systems as well as cases involving business information including marketing plans, business records and customer lists
• 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

Honors, Memberships, and Professional Activities

Memberships and Professional Activities

• State Bar of Georgia, 1981 - present
• Officer, Alternative Dispute Resolution Section, 2022-present
• Chair, Intellectual Property Section, 1991
• Atlanta Bar Association, 1981 - present
• Dispute Resolution Section
  • Board Member, 2017–present
  • Chair, 2020-2021
• Intellectual Property Section
  • Board Member, 2015–present
• Board Member, Atlanta International Arbitration Society (AtlAS), 2017–2022
• Member, Panel of Trademark Mediators, International Trademark Association, 2013–2019
• Editor, IP Brain Trust, Smith, Gambrell & Russell, 2013–2017
• Rochester Institute of Technology, 2004-2020
• Board of Trustees, 2010–2020
• Member, President’s Roundtable, 2004–2010

Selected Speeches and Publications

• Author, “Using Nonconfidential Mediation Statements and Opening Presentation to your Advantage,” The American Lawyer, November 2021
• Author, “Talk it Over,” Intellectual Property Magazine, September 2021
• Panelist, “Trademark Law Update,” SpringPosium, Intellectual Property Section, Atlanta Bar Association, 2021 and 2022
• Author, “Mediating Trademark Cases,” CLE Materials, 2021
• Author, “Tell Them What You Need: A More Open Approach to Mediating Complex Cases,” Dailey Report, April, 2020
• Author, “Tips for Mediating Intellectual Property Cases,” SpringPosium CLE Materials, IP Section, Atlanta Bar Association, 2020
• Luncheon Speaker, “Mediating the Intellectual Property Case,” IP Section, Atlanta Bar Association, 2017
• Author, “Mediating the Intellectual Property Case,” CLE Materials, November 2017
• Author, “Supreme Court Rules on Design Patent Infringement Damages,” Trust the Leader, December 2016

Background and Education

• Smith, Gambrell & Russell LLP, 1981–2017
  • Partner, 1988–2017
  • Associate,1981–1988
• J.D., Emory University School of Law, 1981
• B.S., Rochester Institute of Technology, 1978