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By its very nature, a patent grants its holder the right to exclude others from the market. But antitrust law seeks to curb such power. How should the tension between these maxims of American law be reconciled? In the upcoming fall term, the U.S. Supreme Court will review a 43-year-old precedent -- criticized as an anachronistic rule unfit for today's fast-paced economy -- that a patent creates a presumption that its owner holds enough power over the marketplace to be guilty of illegal tying.
July 18, 2005 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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