Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Wednesday, 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.

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