ANTITRUST LAW IS NOT APPLICABLE TO THE ENFORCEMENT OF PATENTS, it is not an offense, civilly speaking, to attempt to enforce patents you have been granted by the Patent Office, in fact, a patent IS A MONOPOLY RIGHT granted in order for innovators to enjoy the fruits of their labor ...MU's tactic is evidence that they are desperate and tells me that RMBS's position is STRONG, not weak! RMBS already has other agreements and rulings in hand, why would this outcome be any different, the market will soon wise-up to this...THIS IS THE STUFF OF OPPORTUNITY!
Well CA-T,
This seems to be a simple enough proposition. But I take it you are NOT inferring that a patent holder is "free" to use any means necessary to enforce his patent rights, be it legal or illegal, simply by labeling his actions as a "patent enforcement"?
I see two problems with an assumption that this proposition alone determines the relative rights of MU and RMBS.
First it says nothing about where "enforcement" ends and illegal tying, coercion, twisting, deceit, and fraud begins.
More to the point, it ignores the fact that companies are often called to task for a variety of anti trust "abuses" of their "Monopoly" status obtained through the device of substantial patents.
cmcnyls.edu
Illegal restraint of trade is a rather obtuse notion for our legal system to employ in anything approaching a clear and decisive manner. All things being equal, I would be surprised if RMBS did NOT reply with anti trust charges of their own.
Aside from supplying a nice upside bounce for its analysts, I also suspect that in their defense of such claims by RMBS, Mu will raise the name, if not the physical presence, of INTC to a position of prominence if not respect.
This suit is going to be far from simple as far as the Courts hearing it are concerned. If INTC can keep its skirts from being dirtied in the process it will be quite surprising to me.
I understand Justice Breyer loves to play in the Anti Trust law tar pit. When do you think he'll get his chance to kick this one around? And who else is RMBS going to get royalties from while he is waiting?
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