Supreme Court Rules On Antitrust "Tying" Case

Law360, New York (March 1, 2006, 12:00 AM EST) -- In a ruling with broad implications for antitrust suits against patent holders, the U.S. Supreme Court decided Wednesday on an appeal by Illinois Tool Works Inc. that patents alone do not prove a company has market power in an industry.

The ruling corrects what many viewed as an improper balance of burden in antitrust litigation, where illegal “tying” of non-patented products to patented products through licensing agreements could be proven through the mere existence of a patent.

Tying is illegal when the seller has enough market...
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