Marquette University Law School Marquette Law Scholarly Commons Faculty Publications Faculty Scholarship 1-1-1981 The seU of Tying Requirements in Patent Licensing Ramon A. Klitzke Marquette University Law School,
[email protected] Follow this and additional works at: http://scholarship.law.marquette.edu/facpub Part of the Law Commons Publication Information Ramon A. Klitzke, The sU e of Tying Requirements in Patent Licensing, 9 APLA Q.J. 333 (1981) Copyright, 1982, Ramon A. Klitzke Repository Citation Klitzke, Ramon A., "The sU e of Tying Requirements in Patent Licensing" (1981). Faculty Publications. Paper 539. http://scholarship.law.marquette.edu/facpub/539 This Article is brought to you for free and open access by the Faculty Scholarship at Marquette Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact
[email protected]. TYING THE USE OF TYING REQUIREMENTS IN PATENT LICENSING BY RAMON A. KLITZKE* Tying is the sale or license of an item (the tying item) upon the condition that another item (the tied item) be purchased. When the tying item pos- sesses sufficient economic power, "to appreciably restrain free competition in the market for the tied product,"I the antitrust laws are violated. The requisite power is presumed when the tying product is patented or copy- righted.2 To tie a product or service to a patent therefore violates the anti- trust laws. The major patent tying cases will be examined in this article. The features of tying arrangements that are either violations of the antitrust statutes or pat- ent misuse will be sketched.