2,471 research outputs found

    Damages, Deterrence, and Antitrust—A Comment on Cooter

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    Melamed offers a comment on Robert D. Cooter\u27s article on punitive damages. Melamed relates the concept of antitrust to Cooter\u27s valuable insights

    Brief of Amici Curiae Law and Economics Scholars in Support of Appellee and Affirmance

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    In reliance on Qualcomm’s FRAND promises, key SSOs incorporated its technologies into wireless standards. Qualcomm takes the position that its patented technologies are essential to those standards and, therefore, that any firm making or selling a standard-compliant product infringes its patents. As a result, the SSOs’ incorporation of Qualcomm’s patented technologies into wireless standards created a huge market for licenses to Qualcomm’s SEPs.The district court held that Qualcomm used its chipset monopolies, not only to extract the high chip-set prices to which it was entitled, but also to perpetuate those monopolies by disadvantaging rival chip-makers and raising entry barriers. As a matter of law and economics, that holding is sound. At its core, this is yet another in a long line of cases dating back to the Supreme Court’s decision in Standard Oil of New Jersey v. United States and United States v. American Telephone & Telegraph Co. in which a monopolist violates the antitrust laws by using its market power to exclude rivals and entrench its monopoly.We address Qualcomm’s exclusionary conduct in two Parts. Part I explains why Qualcomm’s no license, no chips policy is unlawful under well-established antitrust principles. Part II discusses Qualcomm’s refusal to license chip-set rivals, which reinforces the no license, no chips policy and violates the antitrust laws

    Predatory Value: Economies of Dispossession and Disturbed Relationalities

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    This essay introduces and theorizes the central concerns of this special issue, “Economies of Dispossession: Indigeneity, Race, Capitalism.” Financialization, debt, and the accelerated concentration of wealth today work through social relations already configured and disposed by imperial conquest and racial capitalism. In the Americas broadly and the United States specifically, colonization and transatlantic slavery set in motion the dynamics and differential racialized valuations that continue to underwrite particular forms of subjection, property, commerce, and territoriality. The conception of economies of dispossession introduced in this essay draws attention to the overriding importance of rationalities of abstraction and commensurability for racial capitalism. The essay problematizes the ways in which dispossession is conventionally treated as a self-evident and circumscribed practice of unjust taking and subtractive action. Instead, working across the lethal confluences of imperial conquest and racial capitalist predation, this essay critically situates the logic of propriation that organizes and underwrites predatory value in the historical present. Against the commensurabilities and rationalities of debt and finance capitalism, conditioned through the proprietary logics of settler colonialism and racial capitalism, the essay gestures toward alternative frameworks for building collective capacities for what the authors describe as a grounded relationality

    Remarks: A Public Law Perspective

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    How Antitrust Law Can Make FRAND Commitments More Effective

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    Much attention has been paid in recent years to legal issues arising from standard setting, assertion of standard-essential patents, and the requirements imposed by standard-setting organizations that standard-essential patents be licensed on reasonable terms. This Feature argues that a fundamental aspect of the antitrust laws, heretofore overlooked in this context, can play an important role in ensuring that the rules established by standard-setting organizations are effective in preventing owners of standard-essential patents from engaging in patent holdup. It has long been a basic principle of antitrust law that when firms collaborate to engage in conduct that has efficiency benefits, like standard-setting, they violate the antitrust laws if their collaboration also harms competition more than necessary to obtain the efficiency benefits. Both standard-setting organizations and their members can violate Section of the Sherman Act if the organization\u27s rules are ineffective in preventing owners of standard-essential patents from exploiting the monopoly power they gain as a result of the standard

    Anti Intellectual History

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    Breaking the Vicious Cycle of Patent Damages

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    The impact of HTLV-1 on the cellular genome.

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    Human T-lymphotropic virus type-1 (HTLV-1) is the causative agent of adult T-cell leukaemia/lymphoma (ATL), an aggressive CD4+ T-cell malignancy. The mechanisms of leukaemogenesis in ATL are incompletely understood. Insertional mutagenesis has not previously been thought to contribute to the pathogenesis of ATL. However, the recent discovery that HTLV-1 binds the key chromatin architectural protein CTCF raises the hypothesis that HTLV-1 deregulates host gene expression by causing abnormal chromatin looping, bringing the strong HTLV-1 promoter-enhancer near to host genes that lie up to 2Mb from the integrated provirus. Here we review current opinion on the mechanisms of oncogenesis in ATL, with particular emphasis on the local and distant impact of HTLV-1 on the structure and expression of the host genome
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