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Article: Illinois Tool Works: The U.S. Supreme Court Eliminates the Market Power Presumption in Patent Tying Cases.(Illinois Tool Works Inc. v. Independent Ink Inc.)
- Article from:
- Mondaq Business Briefing
- Article date:
- March 20, 2006
CopyrightCOPYRIGHT 2006 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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One form of tying arrangements--those in which the "tying product" is protected by a patent--just got a lot harder for plaintiffs to challenge successfully.
On March 1, 2006, the United States Supreme Court in Illinois Tool Works Inc. v. Independent Ink, Inc., 126 S. Ct. 1281 (2006), eliminated the presumption of market power in patent tying cases. As a result, patent holders (and exclusive patent licensees) lacking sufficient economic power in their patented products can now enter agreements to sell or license such products in combination with some other unpatented item without concern that the arrangement will be struck down as an illegal tie.
A tying ...