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The U.S. Court of Appeals for the Tenth Circuit holds that the invocation of intellectual property rights is a presumptively valid business justification sufficient to rebut a refusal to deal antitrust claim (Solidfx / Jeppesen Sanderson)

Tenth Circuit holds IPRs defense available to rebut a refusal to deal antitrust claim* On 31 October 2016, the United States Court of Appeals for the Tenth Circuit (the “Court of Appeals”) held that the invocation of IPRs is a presumptively valid business justification sufficient to rebut a refusal to deal claim. The case involved a dispute between a software company and the developer of aviation terminal charts (which provide pilots with the information necessary to navigate and land at a specific airport). The developer holds copyrights for portions of its charts, which use a proprietary format. The parties negotiated and

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Valerio Cosimo Romano, The U.S. Court of Appeals for the Tenth Circuit holds that the invocation of intellectual property rights is a presumptively valid business justification sufficient to rebut a refusal to deal antitrust claim (Solidfx / Jeppesen Sanderson), 31 October 2016, e-Competitions Bulletin October 2016, Art. N° 83311

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