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is a partner in the Antitrust and Competition group of Bryan Cave. He works on all phases of antitrust litigation and provides thoughtful and pragmatic advice to clients on a broad array of antitrust issues. He is committed to helping clients, judges, and juries understand and evaluate complex antitrust issues, including issues related to monopolization, monopsony, tying, vertical distribution restrictions, price discrimination, price fixing, and group boycotts. For more information, or to contact Mr. Kramer, please visit his firm profile page.
Like Lexmark, many technology companies rely on aftermarket revenue streams to fund ongoing investments in research and development needed to remain competitive in hotly contested technology markets. This model is prevalent in the software industry, where customers pay ongoing fees for software support, and in other industries in which manufacturers that sell durable goods offer aftermarket maintenance or service contracts… Without post-sale patent rights, Lexmark and others will need to alter their razors-and-razor-blades business models or adopt different strategies to safeguard the aftermarket revenue upon which they rely to remain competitive in fast-paced technology markets. Contract rights provide one avenue to protect aftermarket revenues, but companies that take this approach should proceed with caution to avoid antitrust liability.