The American Bar Association Antitrust Law Section is pleased
to present the second edition of Intellectual Property Misuse—Licensing
and Litigation. Patent misuse is an affirmative defense to an action for
patent infringement or for royalties under a license that arises when the
patentee engages in certain anticompetitive conduct, or conduct contrary
to public policy, using the patent in suit. Courts have applied the
doctrine to other types of intellectual property, such as copyright and
trademarks. This book provides an update on new developments in
the law since the first edition, and is intended to provide a practical,
practitioner-orientated approach to understanding and applying misuse
The Section is grateful to Perry Lange and his team of
contributing authors for helping to update this book, under the
leadership of Renata Hesse, Hartmut Schneider, Dina Kallay and Daniel
Sokol, past and current Co-Chairs of the Intellectual Property
Committee of the Antitrust Law Section. We trust that this book will
serve as a guide to those who practice in this important and ever-
changing field.
March 2020 Brian R. Henry
Chair, Antitrust Law Section
American Bar Association

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