Dissenting Opinion Sees Alleged Agreement Between Philips and Sony as an Illegal Agreement to Suppress an Alternative Technology -- Princo Corp. v. Int’l Trade Comm’n 2007-1386 -- Judge Dyk, joined by Judge Gajarsa, filed a 32-page dissenting opinion on August 30.  Dyk, taking a broader view of the patent misuse doctrine than the majority, said the alleged agreement between Philips and Sony was an anticompetitive agreement to suppress an alternative technology.  He said the alleged agreement not to license the Sony patent was “part and parcel of the agreements governing the asserted patents.”  He also said the majority erred in holding that the burden rested on Princo to show anticompetitive effects.  Judge Prost, joined by Judge Mayer in a concurring opinion, agreed with the majority that a misuse finding was unwarranted because Princo failed to make a threshold showing of anticompetitive effects, but doubted that the contours of the misuse doctrine are as “narrow or expansive as each [the majority and the dissent] respectively suggests.”