Independent Ink, Inc. v. Illinois Tool Works, Inc.
Opinion of the Court
ORDER
On March 1, 2006, the Supreme Court remanded this case to this court. The
The sole issue that divides the parties is the question of discovery on the remand. Independent Ink, Inc. argues that further discovery should be allowed. Illinois Tool Works, Inc. and Trident, Inc. urge that further discovery should not be allowed. We agree that some further discovery is appropriate. The Supreme Court’s decision expressly contemplates further discovery with respect to the issue of market power and any other issue related to the section 1 claims where Independent Ink, Inc. can show that discovery also was foregone in reliance on the Supreme Court’s prior decisions concerning market power.
Accordingly, it is hereby
ORDERED that this case is remanded to the district court for further proceedings consistent with the Supreme Court’s remand order and this order.
Reference
- Full Case Name
- INDEPENDENT INK, INC. v. ILLINOIS TOOL WORKS, INC., and Trident, Inc.
- Status
- Published