Supreme Court Sends Down Printer Ink Patent Question

from the try-again dept

The number of legal disputes involving patents and printer ink really is staggering. However, given all the cases, you could make a credible argument that these guys all seem to be patenting slightly different implementations almost solely for the purpose of blocking competitors or other ink sellers from competing. That is, it’s not about innovation, but about hindering the market. One of these cases has gone all the way up to the Supreme Court, with an ink seller claiming that a company that makes a patented printhead with non-patented ink is setting up an illegal “tying” arrangement. The Supreme Court, however, has now sent the case back to the lower court, saying that a patent doesn’t necessarily mean unfair market power, and therefore, the burden is on the independent ink seller to prove that that the patent holder is using that patent for unfair market advantage. This seems a bit strange, as the very nature of a patent is to give the owner a monopoly on the product, which certainly puts them in a position of market power.


Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Supreme Court Sends Down Printer Ink Patent Question”

Subscribe: RSS Leave a comment
2 Comments
Susheel (user link) says:

No Subject Given

“This seems a bit strange, as the very nature of a patent is to give the owner a monopoly on the product, which certainly puts them in a position of market power.”
That isn’t always true. It depends on how broad the patent is. A broad patent on a important technology (1-click) may very well give a firm market power, but in general a patent can be designed around, i.e., there are usually substitutes.

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Ctrl-Alt-Speech

A weekly news podcast from
Mike Masnick & Ben Whitelaw

Subscribe now to Ctrl-Alt-Speech »
Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...