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Technology Stocks : Rambus (RMBS) - Eagle or Penguin
RMBS 105.01-5.1%3:59 PM EST
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To: The Prophet who wrote (51645)8/29/2000 3:59:08 AM
From: richard surckla  Read Replies (2) of 93625
 
<font color=red>Impeachment overturned!

Exactly! And they have not violated their patents and that is why they will attack from the excessive royalty rates.

Although in both the U.S. and the EU legal principles concerning the conflict between IP laws and
antitrust laws are in a state of flux, the following unifying principles can be drawn for both jurisdictions:

(1) The risk of compulsory licensing is greater in both the U.S. and the EU if the licensor and the
proposed licensee are actual or potential competitors in a relevant market and a refusal to license will
have the effect of removing the licensee as a competitor from the market or preventing it from entering
the market.

(2) Courts will hesitate to regulate royalty rates. Therefore, the owner of the IP has the right to extract
as royalty whatever rate the market will bear. While there is a risk that member state courts in the EU
will intervene and deem royalty rates excessive, this risk is reduced if the same rates are offered
throughout the EU and the prospective licensees, therefore, cannot claim discrimination or conduct
which tends to impair the free flow of goods or services within the common market.

...
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