Wednesday, November 30, 2005

Sounds Like Patent Lawyers May be Happy With the Decision. reports on oral arguments in Illinois Tool Works v. Independent Ink in "Justices Hear Key Antitrust Case on 'Tying' Patented Products." From the article: "A judge in the Central District of California ruled that Independent Ink had to prove that Trident had excessive market power, but the U.S. Court of Appeals for the Federal Circuit reversed. The federal circuit, which handles patent appeals, said it was bound by Supreme Court precedent that created a presumption that Trident's patent gave it market power, without any need for Independent Ink to prove it. But the federal circuit described the precedents as 'wobbly and moth-eaten,' virtually inviting the Supreme Court to reverse them."

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