Supreme Court Examines Aftermarket Barriers to Competition

摘要

The U.S.Supreme Court recently held,in a unanimous decision,that a patent does not create a presumption of market power on the part of the patentee in antitrust cases that involve allegations of illegal tying (Illinois Tool Works,Inc.v.Independent Ink,Inc.,No,04-1329).The court,in a ruling predicted by antitrust experts and economists,conformed its precedent to a 1988 patent misuse law change that eliminated the presumption.