American Bar Association
Intellectual Property

Intellectual Property


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


Click below link to view our past newsletter issues.

Annual Plan, Long Range Plan

Committee Events

Section Events

    Safe Harbor: The European Court of Justice Ruling and Beyond. What's Next?


    The program will analyze the recent European Court of Justice Ruling on the Safe Harbor and discuss issues relating to data transfer mechanisms and alternatives to the Safe Harbor and whether a newly negotiated Safe Harbor could be a viable transfer mechanism in the future. The presenters will also ...

    Antitrust Intellectual Property Conference

    Stanford University

    The biennial Antitrust and Intellectual Property Conference, co-sponsored with the Section of IP Law, is a flagship Section program. This one-day program in the Silicon Valley will focus multiple panels of industry, government and academic luminaries on issues of most importance to those who advise companies ...

    Corporate Counseling Monthy Update


    Join the Corporate Counseling Committee for its monthly Antitrust Update for In-House Counsel, a telephonic committee program to be held on October 9, 2015, from 12:00-1:00 ET. This program continues our popular monthly series of brown bags in which antitrust practitioners report on the most recent developments ...



Hesse, Renata
Schneider, Hartmut

Council Representative:

Musgrove, James


Breed, Logan
Davis, Robert
Kallay, Dina
Lutinski, Jonathan
Okuliar, Alexander

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


A Weekly Publication from Intellectual Property Committee.

Modified by Julian-Robert Wiley on October 2, 2015

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