| Acronyms | Makan Delrahim | Michael Carrier |
|---|---|---|
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What is Federal Trade Commission
This is what FTC stands for.
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What is the New Madison approach
Delrahim argues that this approach and not the retro-Jefferson approach should be used in antitrust law.
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What is the Letter Re: Speeches on Patents and Holdup
The name of the text we read this week written by Professor Carrier
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What is Standard Essential Patent
This is what SEP stands for.
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What is over enforcement/false positives/discouraging innovation
What concern does Delrahim have in regards to condemning unilateral patent hold-up as an antitrust problem
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Who is Assistant Attorney General Makan Delrahim
The name of the person who the Professor's letter was addressed to.
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What is Fair, reasonable, and non-discriminatory
This is what FRAND stands for.
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What is more infringement
This is a concern that exists when injunctions are no longer granted to patent holders:
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Ex ante: when “multiple technologies may compete to be incorporated into the standa / ex post: When “the chosen technology may lack effective substitutes precisely because the SSO chose it as the standard
The difference between the patentee’s power ex ante and ex post
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What is Standard setting organization
This is what SSO stands for.
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What is Trinko (referring to Aspen Skiing)
Which case has been considered a limited exception to the general rule that there is not duty to deal under the antitrust laws
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True
True or False: The Letter states that hold-up presents a more serious antitrust concern than hold-out
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What is Institute of Electrical and Electronics Engineers
This is what IEEE (a particular standard setting organization) stands for.
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What is property
Delrahim compare intellectual property rights with which other right
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False - the Letter states that property owners do not have an absolute right to exclude. There are at least 50 doctrines (adverse possession, easements, eminent domain) that limits property owners’ rights. Also, the Supreme Court rules in eBay v. MercExchange that patent infringement does not necessarily result in an injunction)
True or false: The Letter states that because property owners have an absolute right to exclude, patents should also provided a right to exclude that is accompanied by an injunction and a conclusion that “unilateral patent hold-up” is “per se legal.”
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