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Patents And Tying: Why The Supreme Court Is Getting Involved

Law360, New York (June 22, 2005, 12:00 AM EDT) -- On January 25, 2005, a three-judge panel of the Court of Appeals for the Federal Circuit decided that “a rebuttable presumption of market power arises from the possession of a patent over a tying product” in the context of a Sherman Act section 1 antitrust violation based on tying of a patented product to an unpatented product. Independent Ink, Inc., v. Illinois Tool Works, Inc., and Trident, Inc., 396 F.3d 1342, 1344 (Fed. Cir. 2005). On June 20, 2005, the Supreme Court agreed to review the...
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