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RPM In IP: RIP To Per Se?

Law360 (April 9, 2007, 12:00 AM EDT) -- On March 26, the Supreme Court heard oral argument in Leegin Creative Leather Products Inc. v. PSKS Inc., a case which asks the Court to decide whether to overturn its nearly century-old per se condemnation of minimum resale price maintenance (RPM), established in Dr. Miles Medical Co. v. John D. Park and Sons, 220 U.S. 373 (1911).

The Leegin case can be seen as a natural extension of a line of cases beginning with the landmark GTE Sylvania decision in 1977, in which the Supreme Court...
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