tying clause
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 298 U.S. 131 - International Business Machines Corp. v. United States · 1936Most cited · 395 citing opinions
[A] condition [that] is not in so many words against the use of the cards of a competitor, but is affirmative in form, that the lessee shall use only appellant's cards in the leased machines. But as the lessee can make no use of the cards except with the leased machines, and the specified use of appellant's cards precludes the use of the cards of any competitor, the condition operates in the manner forbidden by the statute.
How often courts cite the case defining “tying clause”
Court decisions citing the opinion that defined “tying clause” — 392 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1936–1936
[T]he lawfulness of the tying clause must be ascertained by applying to it the standards prescribed by section 3 as though the leased article and its parts were unpatented.
patent defense