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

No. 04-1329.

547 U.S. 28 (2006)

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

Supreme Court of United States.

Decided March 1, 2006.


Attorney(s) appearing for the Case

Andrew J. Pincus argued the cause for petitioners. With him on the briefs were Richard J. Favretto, Christopher J. Kelly, Nickolai G. Levin, and Stewart S. Hudnut.

Deputy Solicitor General Hungar argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Clement, Acting Assistant Attorney General Barnett, Jeffrey P. Minear, Catherine G. O'Sullivan, Steven J. Mintz, Frances Marshall, John M. Whealan, Cynthia C. Lynch, and Thomas Krause.

Kathleen M. Sullivan argued the cause for respondent. With her on the briefs were Daniel H. Bromberg, Margret M. Caruso, Elizabeth B. Wydra, and Edward F. O'Connor.*


JUSTICE STEVENS delivered the opinion of the Court.

In Jefferson Parish Hospital Dist. No. 2 v. Hyde, 466 U.S. 2 (1984), we repeated the well-settled proposition that "if the Government has granted the seller a patent or similar monopoly over a product, it is fair to presume that the inability to buy the product elsewhere gives the seller market power." Id., at 16. This...

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