January 26, 2005
Fed Circuit on Patents and Market Power
In a decision handed down yesterday, the US Court of Appeals for the Federal Circuit reversed a grant of summary judgment for the defendant in a tying case because the district court failed to properly assess market power in light of the defendant's patents. The Federal Circuit stated: "We hold that a rebuttable presumption of market power arises from the possession of a patent over a tying product." The case is Independent Ink v. Illinois Tool Works. More information can be found at Dennis Crouch's patent blog.
January 26, 2005 | Permalink
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