Changes

''Reifert v. S. Cent. Wis. MLS Corp.'', 450 F.3d 312, 316-317 (7th Cir. Wis. 2006).  The additional "economic interest" is required by the Second, Third, Fourth, Fifth, Sixth, Ninth, and Eleventh Circuits.

''Reifert v. S. Cent. Wis. MLS Corp.'', 450 F.3d 312, 316-317 (7th Cir. Wis. 2006).  The additional "economic interest" is required by the Second, Third, Fourth, Fifth, Sixth, Ninth, and Eleventh Circuits.

The Seventh Circuit has backed away from the traditional [[per se]] approach to tying agreements, and instead applies a more lenient [[rule of reason]] test, noting that "the Supreme Court recently adopted Justice O'Connor's reasoning in Jefferson Parish Hosp. Dist. No. 2 and held that tying arrangements involving patents should be evaluated based upon their market power 'rather than under the per se rule.' Ill. Tool Works, Inc. v. Indep. Ink, Inc., 126 S.Ct. 1281, 164 L. Ed. 2d 26 (2006). Although the per se analysis of the Jefferson Parish Hosp. Dist. No. 2 majority has not been expressly over-ruled, in the intervening twenty-one years since Carl Sandburg Vill. Condo. Ass'n No. 1, the Supreme Court has not found occasion to disagree with this Circuit's approach."

The Seventh Circuit has backed away from the traditional [[per se]] approach to tying agreements, and instead applies a more lenient [[rule of reason]] test, noting that "the Supreme Court recently adopted Justice O'Connor's reasoning in Jefferson Parish Hosp. Dist. No. 2 and held that tying arrangements involving patents should be evaluated based upon their market power 'rather than under the per se rule.' Ill. Tool Works, Inc. v. Indep. Ink, Inc., 126 S.Ct. 1281, 164 L. Ed. 2d 26 (2006). Although the per se analysis of the Jefferson Parish Hosp. Dist. No. 2 majority has not been expressly over-ruled, in the intervening twenty-one years since Carl Sandburg Vill. Condo. Ass'n No. 1, the Supreme Court has not found occasion to disagree with this Circuit's approach." ''Id.'' at 317 n.2.

 

''Id.'' at 317 n.2.

In practice, a plaintiff must prove the following:

In practice, a plaintiff must prove the following: