Illinois Tool Works v. Independent Ink

Dennis Crouch at the Patently-O blog is summarizing the amici briefs filed on this case before the Supreme Court this fall.

QUESTION PRESENTED
Whether, in an action under Section 1 of the Sherman Act, 15 U.S.C. § 1, alleging that the defendant engaged in unlawful tying by conditioning a patent license on the licensee's purchase of a non-patented good, the plaintiff must prove as part of its affirmative case that the defendant possessed market power in the relevant market for the tying product, or market power instead is presumed based solely on the existence of the patent on the tying product.

The ABA also filed an amicus brief in support of petitioners May 2005 version available here.

[UPDATE] Some more useful links:

• AIPLA amicus brief on the merits
• Federal Circuit opinion in this case
• Jim DeLong @ PFF's IPCentral blog has more on this case and others in the antitrust archive
• Prof Greg Vetter has a summary of the Federal Circuit's opinion available here
• SCOTUS Docket link

[/UPDATE]