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Profession
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Professional
Arbitrator - Technology & Intellectual Property (IP) Matters
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Attorney at
Law |
Professional Licenses
Alternative
Dispute Resolution Experience
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Acquired more than 25 years
experience as an arbitrator with the American Arbitration Association
(AAA) and various nonpublic arbitration tribunals. Former arbitrator
with the Superior Court of California, Santa Clara County. Presided
over numerous multi-party cases with intellectual property, technology,
contract, and tort issues. Issued decisions granting and denying
relief ranging from injunctions to multi-million dollar damage
awards. Resolved complex and repetitive pre-hearing discovery
motions. Resolved claims for unfair competition, breach of license
agreements, copyright related issues, theft of trade secrets,
turnkey hardware and software system failures, misrepresentation,
fraud, contract interpretation, and contract construction. Resolved
specific issues relating to computers, peripheral devices, application
and system software, multi-layer printed circuit boards, biotechnology,
pharmaceutical products and pharmaceutical processes. Arbitrated
major national mass claims action. Mediated cases involving contracts,
torts, intellectual property, and technology. Served as Judge
pro tempore of the Superior Court of California, Santa
Clara County.
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Litigation, Technology, &
IP Experience
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Acquired more than 28 years
experience as a litigator, negotiator, arbitrator, mediator, and
drafter of legal documents. Represented litigants in claims for
injunctive relief, wrongful termination, employment discrimination,
misrepresentation, breach of contract, and monetary damages. Litigated
and transacted technology issues relating to computer design, hardware
and software performance, and software licenses. Litigated intellectual
property disputes including issues of unfair competition, trademark
and trade name infringement, patent and copyright related claims,
theft of trade secrets, partnership disputes, software licensing,
and contract interpretation. Defended, as a Senior Litigation Analyst
and as part of a team, IBM Corporation against antitrust claims
filed by Memorex and the US Department of Justice. Worked as a computer
system and logic design engineer at IBM Corporation for 10 years
prior to entering the legal profession. Acquired extensive familiarity
with software including assemblers, compilers, operating systems,
and application programs. Acquired extensive familiarity with computing
hardware including CPU chips and integrated circuits, processor
architectures, peripheral devices, digital-analog interface circuitry,
and discrete components. Acquired substantial expertise with DOS;
Windows; UNIX; LAN; hardware and software interfaces; FrontPage;
Dreamweaver; Visual Basic; web site development; Client/Server concepts;
messaging; video conferencing; secure communications; protocols;
JAVA; JavaScript; HTML; IPO; startup companies; venture capital;
and the Internet.
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Alternative
Dispute Resolution Training
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AAA
Arbitrator Continuing Education (ACE) Courses, 11/04; AAA Program
on Judicial Council's Ethics Rules for Arbitrators, San Francisco,
2/03; AAA Arbitrator II Training Workshop, San Francisco, 6/02;
AAA Commercial Arbitrator Training Workshop, San Francisco, 2/99;
AAA Mediator Training, San Francisco (3/92, 11/91, 7/91); AAA Mediator
Training, San Jose (1/92, 4/91); AAA Advanced Arbitrator Training,
San Francisco (3/91).
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Work History:
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American Arbitration
Association, National Roster Panel, 1980 - Present |
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Owner, Law Offices
of Harold D. Caplener, 1976 - Present |
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Chief Executive
Officer, AZCAP Corporation, 1982 - 1988 |
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Staff Development
Engineer / Senior Litigation Analyst, IBM Corporation, 1966 - 1976 |
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Engineer, SCM
Corporation, 1964 - 1966 |
Professional
Associations:
Lawyer
Rating
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AV lawyer rated
by Martindale-Hubbell. The Martindale - Hubbell AV rating indicates
very high to preeminent legal ability and very high ethical standards
as established by confidential opinions from members of the Bar.
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Employer
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Harold
D. Caplener, Attorney at Law |
Education
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Lincoln University
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JD - 1974
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Citizenship
Availability
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Silicon Valley,
San Francisco, and elsewhere |
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