As digital technology and the online environment transform the distribution and use of intellectual property, our Copyright & Trademark group is on the front lines in protecting and enforcing our clients’ most important creative assets. Our trial-tested team represents a wide range of clients, from entrepreneurs to major corporations, from playwrights to media giants, and from individual songwriters to the country’s largest performing rights organizations.
Intellectual Property Litigation: Patents: 'Market Power' or Controlling Price, Ousting Competition
February 24, 2005 Full PDF
Lew Clayton's article, "Patents: 'Market Power' or Controlling Price, Ousting Competition" is featured in the February 24 New York Law Journal. The article discusses whether mere ownership of a patent will be presumed to confer upon their owners "market power" under the antitrust laws -- meaning the ability to control price and exclude competition. Lew looks at Independent Ink, Inc. v. Illinois Tool Works, Inc., a tying case in which the Federal Circuit held that "rebuttable presumption" of market power arises when a defendant holds a patent covering the tying product. Lew also discusses several recent trademark, copyright and patent cases. Susanna Buergel assisted in the preparation of this article.