Supreme Court Looks Ready to Reverse Long-Standing Presumption of Patent Market Power in Antitrust Tying Cases

Yesterday, the Supreme Court heard oral argument in the antitrust tying case of Independent Ink v. Illinois Tool Works. News reports indicate that the Justices may be ready to reverse the long-standing rule that a patent is presumed to create market power. The Federal Circuit had earlier invited Supreme Court review by criticizing the market power presumption as "wobbly and moth-eaten." (See our post here.) Reversal of the rule would favor patentees in pursuing generic manufacturers.