Intellectual Property Misuse
Licensing and Litigation (2000)

Misuse is an increasingly important topic because of the central role intellectual property plays in our economy. The consequences of a misuse finding are severe: unenforceability of the patent or copyright involved, and defense to a suit to recover royalties in a license. The defense continues to arise in patent cases, has led to the dismissal of several recent copyright cases, and is now being asserted in trademark cases. The misuse defense thus represents a nexus of intellectual property and antitrust law and has the potential to affect business practices involving computer copyrights and other areas highly relevant in today's economic environment. This timely handbook covers the origin and development of the misuse doctrine, the debate about its scope and existence in relation to antitrust law, and its present status in patent, copyright, and trademark law. It also gives practical insights into how the doctrine affects both licensing and litigation practice. The handbook will be a valuable resource for both transactional lawyers and litigators alike.

Table of Contents

To Purchase

2000 6 x 9 264 pages paper
PC: 5030351
$84.95 Antitrust section members

The 1995 Federal Antitrust Guidelines for the Licensing of Intellectual Property (1996):

Commentary and Text
This truly comprehensive guide not only analyzes enforcement policy laid down in the 1995 Guidelines principles, analytical methods, approaches to specific issues but also explains the practical considerations raised at every point.

• If you advise clients in licensing transactions, it reviews for you court decisions that may differ significantly from the Guidelines and identifies types of conduct that, seemingly OK's by the Guidelines, still run the risk of antitrust liability. If you have intellectual property matters before the DOJ or the FTC, it identifies for you controversial legal and economic assumptions of the guidelines, as well as legitimate counter-authorities to support arguments in defense of particular practices.
• If you are doing litigation research, it collects for you precedents on both sides of key issues, to help plaintiffs' lawyers persuade courts to adopt the Guidelines as precedent and give defense lawyers arguments for resisting.

Containing the full text of the Guidelines, as well as the fully cited commentary, this handbook is concise, convenient, and an important resource for practitioners in the areas of both intellectual property and antitrust.

111 pp.
5030291
$45.00