US Supreme Court to consider link between patent and market power

The US Supreme Court has agreed to consider this rather vexed question in Illinois Tool Works Inc v Independent Ink. It will be be reviewing the decision of the Appeals Court (see link) which held that if there was a relevant patent (here for a "tying" product - where 2 products are linked together) then it would be assumed that there was market power.



Given the complex issues and variety of opinion on the correct and proper relationship between markets, patents and power this has provoked outcry. The autumnal consideration by the Supreme Court will be welcome, and hopefully it will provide an open and balanced review of patents, competition and product and market development.