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Intellectual Property Litigation: Plaintiff Needs Proof of Defendant's Market Power in Tying Product

July 29, 2013 Full PDF

Partner Lew Clayton's "Intellectual Property Litigation" column was featured in the April 12 New York Law Journal. The article, "Plaintiff Needs Proof of Defendant's Market Power in Tying Product," focuses on the Supreme Court's recent Illinois Tool Works decision, which explicitly held that the holder of a patent will not be presumed to have market power. That presumption -- advanced in the Court's 1947 decision in International Salt Co. v. United States-- had been widely criticized by economists, law professors, administrative agencies and the lower courts. Lew says that Independent Ink will remove the lingering uncertainty in antitrust tying cases caused by International Salt and "may further a more careful and rational analysis of business arrangements involving patents and other intellectual property rights." The article also examines other recent developments in patent, trademark and copyright law. Associate Rochelle Chodock assisted with the preparation of this article.

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