Tipping the Balance Back Toward Patent OwnersMarch 2006 New Jersey Law Journal
Fox partner Gerard Norton and his co-authors discuss the U.S. Supreme Court's decision in Illinois Tool Works Inc. v. Independent Ink Inc., No. 04–13. The decision tips the balance back toward the patent owner in cases where patent owners assert their rights.
After Illinois Tool, patent owners may offer active pharmaceutical ingredient formulations that provide uniquely advantageous opportunities to purchasers without subjecting the patent owner to the risk of per se antitrust violation.