• Supreme Court Holds That Patents No Longer Confer a Presumption of Market Power in "Tying" Cases
  • April 3, 2006 | Authors: Linda T. Coberly; Brian E. Neuffer; Gene C. Schaerr
  • Law Firms: Winston & Strawn LLP - Chicago Office ; Winston & Strawn LLP - Washington Office
  • In an important antitrust decision favoring patent owners, the Supreme Court has held that a patent does not necessarily confer market power for purposes of antitrust liability. In Illinois Tool Works Inc. et al. v. Independent Ink, Inc.,126 S.Ct. 1281 (March 1, 2006), the Court considered the legality of tying arrangements, where a party agrees to sell one product (the "tying product") only if the buyer also purchases another product (the "tied product").