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To: richard surckla who wrote (51644)8/29/2000 3:43:22 AM
From: The Prophet  Read Replies (2) | Respond to of 93625
 
Judge Surckla, you have been impeached.

"Simply stated, if a patent is lawfully acquired and lawfully enforced, any economic monopoly that stems from the power it confers is immune from the strictures of the antitrust laws. Thus, it is not an act of monopolization or an attempt to monopolize to apply for and receive a patent which confers the power to exclude all competition from a relevant market, even though, as a literal matter, monopoly power will have been wilfully acquired. But if the owner of a patent acquired it improperly (such as, for example, by committing fraud on the Patent and Trademark Office) or attempts to utilize its power beyond the limitations of the grant, that exemption is forfeited; and if the other elements of an antitrust violation are present, the Sherman or Clayton Act can be violated."

profs.findlaw.com