In this issue:
The Rambus Opinion and Standard-Setting
The FTC ruling sends some very clear messages. But the ruling could also set some perilous precedents. In particular, the royalty rates set by the order implicitly suggest a patent counting scheme where two patents are necessarily twice as valuable as one patent.
Attheraces and Economics-based Analysis
The recent judgment of the U.K. Court of Appeal of England and Wales in Attheraces suggests that, at least in the case of the United Kingdom, the courts will help to accelerate the shift to an economics-based analysis of antitrust.