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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.
This casebook presents cases & materials on antitrust in a business context. In addition to the standard topics covered in Antitrust casebooks, it also includes discussion of ethical issues, patents, compliance, criminal & civil procedure, & enforcement (public & private), as well as the issues of standing, class actions, proof, & measurement of damages. Economic materials introduce students to the basics of industrial organization economics.