The Supreme Court has recently abolished the presumption that a patent confers 'market power' on the patent owner, ending the presumption of antitrust liability arising from the conditioning of a patent license to the purchase of unpatented articles.
New Antitrust Considerations for Tying Schemes
The Supreme Court has recently abolished the presumption that a patent confers 'market power' on the patent owner, ending the presumption of antitrust liability arising from the conditioning of a patent license to the purchase of unpatented articles. <i>See Illinois Tool Works v. Indep. Ink, Inc.</i>, 126 S. Ct. 1281 (2006). As discussed below, this decision will have wide-ranging implications to the field of patent licensing, where fear of antitrust liability has tended to dampen the creativity of patent license schemes.
By
Matthew W. Siegal And Bruce H. SchneiderThis premium content is locked for The Intellectual Property Strategist subscribers only
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