CHAIR
:
SPEAKER
(S):
Arthur Cohn, Esq, Vice President and Assistant General Counsel, Wyeth Pharmaceuticals Inc.
David Highet, Esq, Vice President and Chief Intellectual Property Counsel, Becton, Dickinson and Company
Robin Feldman, Herman Phleger Visiting Professor of Law, Stanford Law School, UC Hastings College of the Law, University of California, San Francisco
Description
Both the content of a patent license agreement and the manner in which the agreement is negotiated can render a licensed patent unenforceable as a result of patent misuse. This session will discuss patent misuse considerations in the context of patent licensing.
Objectives:
Provide a brief review of patent misuse jurisprudence, including the consequences of patent misuse, and discuss the relationship between patent misuse and antitrust violations.
Describe a four-part analytical approach for determining whether a specified licensing practice constitutes patent misuse.
Identify selected licensing provisions and negotiating strategies to be avoided in the context of patent licensing.