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Expert Analysis

Implications Of Ruling In Illinois Tool Works V. Independent Ink

By Marius Meland (March 17, 2006, 12:00 AM EST) -- The United States Supreme Court's recent decision in Illinois Tool Works, Inc. v. Independent Ink, Inc., 126 S. Ct. 1281 (2006), was a good result for patentees, but not a surprising one given developments in antitrust/patent law over the last three decades. Specifically, the Court, in an 8 to 0 decision with Justice Alito taking no part, concluded that a patent does not necessarily confer market power, for antitrust purposes, upon the patentee. Thus, in all antitrust claims involving a "tying" arrangement where the allegedly "tying" product is patented, the party claiming an antitrust violation must now prove that the patent owner has market power in the patented product....

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