Foreword

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FOREWORD

The American Bar Association Section of Antitrust Law is pleased to

publish the Antitrust Counterattack in Intellectual Property Litigation

Handbook.

The Handbook is intended to serve as an introduction and practical

guide to the antitrust issues likely to arise in intellectual property

litigation. It summarizes intellectual property law for the antitrust

practitioner, and it provides detailed analyses of how antitrust

counterclaims and misuse defenses can affect intellectual property

litigation in both its prosecution and settlement. We hope that you will

find this Handbook to offer valuable guidance in this area, particularly in

light of recent developments in the law.

The Section of Antitrust Law is grateful to the dedication and

leadership of the Handbook editors, Fiona Schaeffer and Russ Wofford,

and their team of contributing authors, each of whom dedicated many

hours to the preparation of the Handbook, with the support of Mark S.

Popofsky, Arthur J. Burke, and Paul H. Saint-Antoine, successive Chair

and Co-Chairs of the Intellectual Property Committee of the Section of

Antitrust Law.

We hope that the Handbook will be helpful to those who practice in

this important and ever-changing field.

March 2010 Ilene Knable Gotts

Chair, Section of Antitrust Law

American Bar Association

2009-2010