April 17, 2007

What Comes Next? Market Definition Involving Intellectual Property in a Post Illinois Tool Works Era

What Comes Next? Market Definition Involving Intellectual Property in a Post Illinois Tool Works Era

Overview

Paul Saint-Antoine, partner in the firm's Philadelphia office, is moderating the program "What Comes Next? Market Definition Involving Intellectual Property in a Post Illinois Tool Works Era."  The Supreme Court held that the presence of a patent in an antitrust tying case does not create a rebuttable presumption of market power.  Now what? Do any rules of general application still exist in defining markets when patents are involved? How do we know whether another patented product or a non-infringing product is in the same relevant market as the patented product? Do antitrust plaintiffs now face an insurmountable burden of proof, particularly when a patented technology is just emerging? The panel will address these and other issues raised by the Supreme Court's decision.

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