Foreword

• Pages: 7-7

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FOREWORD

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

doctrine.

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

2019-2020