PATENTS Because a company does not automatically gain market power for antitrust purposes merely because it holds a patent, the plaintiff in cases involving a patent tying arrangement must prove that the defendant has market power in the tying product.
...." The court held that the case involved a "tying arrangement" because the users of the hospital's o...
Over the past two to three decades economics has played an increasingly important role in the development of U.S. antitrust enforcement and policy. This essay first reviews the major facets of U.S. antitrust enforcement and next reviews the ways in which economics - starting from a low base - has grown in importance in antitrust. The essay then highlights three antitrust areas in which the influence of economics has had the greatest influence: merger analysis, vertical relationships, and predatory pricing. The essay concludes with the identification of four antitrust areas where further economics analysis could have high returns.
... private parties can bring suits aimed at tying, bundling, exclusive dealing, and similar vertical... the tying market meant that a tying arrangement was acceptable (despite the per se rule of Norther...
...``tying arrangement,'' and even if it could be fairly char...
Because a company does not automatically gain market power for antitrust purposes merely because it holds a patent, the plaintiff in all cases involving a patent tying arrangement must prove that the defendant has market power in the tying product, the U.S. Supreme Court has ruled. Trident, Inc., a wholly owned subsidiary of Illinois Tool Works, held a patent over printhead technology used in barcode printers and manufactured ink for use with the technology. Its licensing agreement required the user of the printhead technology to also purchase Illinois Tool Works ink.
Apple's dizzying rise was largely the result of a corporate culture crafted by the late founder, Steven P. Jobs. As Timothy D. Cook has taken over the company, he has shown a humility that befits its newfound dominance. Steven P. Jobs could hardly have hoped for a better legacy than the performance since his death of Apple, the company he founded and dominated. Its revenue, profits and share price have hit records. It's the world's biggest company by market value.
... to be a textbook case of what is known as a tying arrangement, sometimes referred to as bundling. In...
... that petitioners are engaged in illegal "tying" and monopolization in violation of §§1 and 2 of... system, thereby rendering the tying arrangements per se violations of the antitrust laws. After c...
This Note explores various theories of patent misuse as they relate to patent pools. Taking into account varying ideological underpinnings of misuse, this Note proposes a framework for rule of reason analysis of anticompetitive foreclosure of alternative technologies. The framework offers a phased analysis, borrowed from antitrust law, to focus the inquiry on the harms patent misuse seeks to deter in patent-pool licensing practices. The goal of the proposed framework is to increase operational clarity to modern, innovative firms and provide guidance to courts when applying rule of reason analysis to determine whether anticompetitive foreclosure could result from a challenged use of a patent pool.
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