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INDEPENDENT INK, INC. v. ILLINOIS TOOL WORKS, INC.

No. 04-1196.

396 F.3d 1342 (2005)

INDEPENDENT INK, INC., Plaintiff-Appellant, v. ILLINOIS TOOL WORKS, INC. and Trident, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

January 25, 2005.

Attorney(s) appearing for the Case

Edward F. O'Connor, Levin & O'Connor, of Laguna Beach, California, argued for plaintiff-appellant.

Jordan A. Sigale, Sonnenschein Nath & Rosenthal LLP, of Chicago, Illinois, argued for defendants-appellees. With him on the brief was Laura A. Wytsma, of Los Angeles, California.

Before CLEVENGER, DYK, and PROST, Circuit Judges.

DYK, Circuit Judge.

Independent Ink, Inc. ("Independent") appeals from the judgment of the United States District Court for the Central District of California in this patent tying antitrust action. The district court granted summary judgment on plaintiff Independent's Sherman Act section 1 claim because Independent had failed to produce any evidence of market power over the tying product. Indep. Ink, Inc. v. Trident, Inc., 210 F.Supp.2d...

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