(860) 522-6103
WHO WE SERVE
PEOPLE
OUR SERVICES
CULTURE OF POSSIBILITY
LOCATIONS
NEWS
DEIA
CAREERS
MAKE A PAYMENT
SEARCH
April 2, 2006
Independent Ink Erases Patent Market Power Presumption

"Tying arrangement" claims are a species of antitrust actions in which the defendant is accused of using its "market power" in one product (the tying product) to force the purchase of a second, presumably less desirable, product (the tied product). In decisions by the U.S. Supreme Court, tying claims have been brought because a hospital's anesthesiology services were "tied" to its operating room services, Jefferson Parish Hospital District v. Hyde, low-interest financing was "tied" to the purchase of the financier's pre-fabricated homes in Fortner* Enterprises, Inc. v. U.S. Steel Corp., ("Fortner I"; has no relation to the author); morning newspaper advertisements were "tied" to ad placement in the evening paper, Times-Picayune Pub. Co. v. United States, and the sale of patented processing machines was "tied" to the purchse of salt in International Salt Co. v. United States