Wednesday, January 26, 2005
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.