Of Bats And Sunshine: Presumption Of Market Power In Patent Tying Case Alive But Rebuttable* In January, the Court of Appeals for the Federal Circuit issued an opinion in Independent Ink Inc. v. Illinois Tool Works, Inc. . Addressing the issue whether, in a Section 1 tying case, a rebuttable presumption arises from the possession of a patent over the tying product, the court answers in the affirmative. It concludes that it was bound to follow Supreme Court precedent in International Salt and Loew’s, which have not been expressly overruled by Jefferson Parish, or more recent case law. Because International Salt and Loew’s are not dispositive on the rebuttable nature of the presumption, however, the court looks to Supreme Court dicta, and concludes that on remand, the defendants may
The US Court of Appeals for the Federal Circuit reverses the ruling of the Lower Court maintaining that a rebuttable presumption arises from the possession of patent rights to tying engineered fastening systems (Independent Ink / Illinois Tool Works)
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