Tuesday, June 21, 2005
The Court granted the certiori petition in Illinois Tool Works v. Independent Ink yesterday. The case was decided in January 2005 by the Federal Circuit, which held that patent ownership creates a presumption of market power in the analysis of tying arrangements. Not only does the 2005-2006 term promise to be an interesting one for antitrust law (with review of the tying issue in Illinois Tool and of the Robinson-Patman issue in Volvo), but the decision in Illinois Tool can potentially address the problem of the relationship between antitrust law and intellectual property that has dogged many appellate courts in the last 15 years. The Court will most likely take the opportunity to clarify the law of tying since Jefferson Parish and Kodak.