I.INTRODUCTION

II.Lower Court Disagreement: Illinois Tool Works, Inc. v. Independent Ink, Inc.

A.The Facts
B.The District Court Opinion
C.The Federal Circuit Opinion

III.The Supreme Court Opinion

IV.Patents & Market Power: Providing an Evidentiary Link

A.Illinois Tool was about who bears the burden of proof and not about irrational per se application
B.Patents involved in litigation and licensing agreements: distinguishing patents in general from valuable patents
C.Patents involved in tying arrangements that foster price discrimination or "metering": price discrimination as a proxy for market power

V.Conclusion