American Bar Association
 
Intellectual Property

Intellectual Property


Announcements





The Meaning of a "Willing Licensee"

May 7, 2015
Noon - 1:15 p.m. EST


Location: Crowell & Moring LLP,
1001 Pennsylvania Avenue, NW,
Washington, DC

Moderator: Alex Okuliar (FTC)

Panelists:
Lisa Kimmel (Crowell & Moring),
Thomas Kramler (DG Comp),
Luke McLeroy (Ericsson),
Gil Ohana (Cisco)

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FRAND Royalty Rates After Ericsson v. D-Link
featuring The Honorable Judge James L. Robart


May 15, 2015
Noon - 1:15p.m. EST


Moderator: Henry Su, Attorney Advisor to Chairwoman Edith Ramirez, U.S. Federal Trade Commission

Speakers:
The Honorable Judge James L. Robart, U.S. District Court for the W.D. Washington
Tina Chappel, Director of Intellectual Property Policy, Intel Corp.
Dr. Greg Leonard, Economist and Partner, Edgeworth Economics LLC
Koren Wong-Ervin, Counsel for Intellectual Property and International Antitrust, U.S. Federal Trade Commission

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Mission

The Intellectual Property Committee focuses on antitrust issues that arise from the acquisition, licensing, and enforcement of patents, copyrights, trademarks, and other forms of intellectual property, as well as developments in patent, copyright, and intellectual property law from the standpoint of competition policy. Although we focus primarily on antitrust issues in the United States, the globalization of both antitrust law and intellectual property rights has led the Committee to expand its geographic horizons, focusing on policy and counseling challenges that arise throughout the world.

In recent years the Committee has presented programs at the Antitrust Section's Spring and Annual Meetings on topics such as intellectual property fundamentals, the patent and copyright misuse doctrines, settlement of intellectual property litigation (particularly in the pharmaceutical industry), unilateral refusals to license, the role of the Federal Circuit in the evolution of antitrust doctrine, strategies to maximize the value of intellectual property, and antitrust issues in the licensing of intellectual property under United States and European Union laws. We have also sponsored two-day CLE programs on antitrust and intellectual property in four of the last six years.

Through the Section of Antitrust Law and the American Bar Association, we also publish written materials addressing antitrust and intellectual property to keep Committee and Section members aware of recent developments is a critical part of the Committee's activities. The Committee annually prepares the Intellectual Property chapter of the Section's Annual Review of Antitrust Law Developments and is preparing the Intellectual Property Chapter of Antitrust Law Developments VI. The Committee was also heavily involved in preparing The Antitrust Counterattack in Patent Infringement Litigation published in 1994, The 1995 Federal Antitrust Guidelines for the Licensing of Intellectual Property Commentary and Text published in 1996, and Intellectual Property Misuse: Licensing and Litigation published in 2000. In 2002, we published a substantially more expansive version of our 1996 companion guide to the Antitrust Guidelines for the Licensing of Intellectual Property. The Committee also publishes a newsletter, Antitrust and Intellectual Property, twice a year for members, and in conjunction with its listserv invites members and others to contribute to its electronic newsletter, AT-IP Reports, which is designed to keep members apprised of new developments. The Committee conducts regularly-scheduled brown bag lunch programs in various cities across the country, with call-in lines available for those in other cities, to discuss recent developments at the intersection of antitrust and intellectual property, in the courts, at the agencies, and in Congress.

In addition, the Committee assists the ABA's Section of Antitrust Law (and, more broadly, the ABA) in responding to requests for input on public policy issues relating to antitrust and intellectual property. The Committee's members participate in the drafting of Section and task force reports and commentaries relating to antitrust and intellectual property, such as the 2002 Report on the United States Court of Appeals for the Federal Circuit, and comments to the European Commission on its revised Technology Transfer Block Exemption and IP licensing guidelines . The Committee also works closely with the ABA Intellectual Property Law Section. The Committee monitors and, when appropriate, comments on legislative and regulatory intellectual property law developments in conjunction with the IPL Section.

For additional information on Committee activities or to join the Committee, click on the links at the right. To get more involved in Committee activities, please contact the Committee Leadership.

Intellectual Property


Newsletters/E-bulletins

Click below link to view our past newsletter issues.
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Annual Plan, Long Range Plan


Committee Events

Section Events

    Exclusive or Exclusive Enough? Lessons on Exclusive Dealing Standards from McWane v. FTC

    05/04/2015-05/04/2015

    On April 15, 2015, the Eleventh Circuit issued its anticipated opinion in McWane v. FTC and affirmed the FTCs decision that certain exclusive dealing practices of McWane, a manufacturer of ductile iron pipe fittings, were unlawful. The case started over 3 years ago with a seven count administrative ...

    Monthly Update for In-House Counsel

    05/05/2015-05/05/2015

    The Corporate Counseling Committee hosts monthly updates for in-house counsel. During these events, the presenters (typically a group from a law firm) summarize highlights of litigation, merger, and other deverlopments from the prior month. Because of the Spring Meeting Blackout period, the May 5th ...

    NC Dental: Consequences from the Supreme Court's 2015 Decision

    05/07/2015-05/07/2015

    On February 25, 2015, the U.S. Supreme Court held that the North Carolina State Board of Dental Examiners was not entitled to state action immunity, because a controlling number of the board members were drawn from the industry it regulated, and because the board was not subject to active supervision ...


Leadership

Co-Chairs:

Gates, Sean
Hesse, Renata

Council Representative:

Musgrove, James

Vice-Chairs:

Breed, Logan
Davis, Robert
Ferris, Jamillia
Okuliar, Alexander
Wong-Ervin, Koren

Committee Roster  

Join Us


DOJ’s IEEE Business Review Letter

Join the Intellectual Property Committee in a lively discussion about DOJ's just-issued IEEE Business Review Letter. Panelists are FTC Commissioner Joshua Wright and DOJ Assistant Chief and Special Counsel for Intellectual Property Frances Marshall. Also on the panel are Roy Hoffinger, Vice President, Legal Counsel, Qualcomm Inc. and Tim Muris, Of Counsel, Kirkland & Ellis LLP
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tidBITS

A Weekly Publication from Intellectual Property Committee.
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Modified by Julian-Robert Wiley on April 28, 2015

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