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IP Frontiers: Freedom to contract vs. patent misuse: an analysis of post-expiration patent royalties

Inherent within American contract law is the freedom to contract — i.e., the ability to negotiate and agree to any terms that the parties see fit for any given contract. Contract terms will only be deemed void under special circumstances, such as unconscionability, unenforceability or, in some cases, due to statutory restrictions. This freedom extends ...

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