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JMBM IP Update: Supreme Court Issues Definitive Ruling on Antitrust Issue for Patent Owners

The U.S. Supreme Court recently held that a patent owner is presumed not to have market power for purposes of the federal antitrust laws. In Illinois Tool Works Inc. v. Independent Ink, Inc., the Supreme Court held that courts may no longer presume that a patent owner accused of an unlawful tying arrangement has market power in the product covered by the patent. Instead, the party claiming that the patent owner engaged in an unlawful arrangement to tie the sale of a patented product on the purchase of another product must prove the patent owner’s market power with evidence.

For more information, contact Rod Berman at 310.201.3517 or