Patently-O has a useful roundup, including links to the filings, on Illinois Tool Works v. Independent Ink, which will be heard by the Supreme Court next term.

As this blog noted earlier, the principle at issue is the doctrine endorsed by the Federal Circuit to the effect that "the mere existence of a patent shifts the burden to the patent holder to disprove market power," an "unusually silly" residue of 1960's silly season in antitrust law.

Supporting petitioner (i.e., on the side of rationality and good sense) are the Department of Justice; various intellectual property associations; and a coalition consisting of The Motion Picture Association, the Association of American Publishers, the American Society of Media Photographers, the Business Software Alliance, the Entertainment Software Association, the Independent Film & Television Alliance, the National Football League, and the Recording Industry Association.

Upgrade: The ABA is also supporting petitioners, says Tech Law Geek.

posted by James DeLong @ 9:30 AM | Antitrust

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