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In this Age of Idiocy, let us revel in a moment of sanity. Unanimously delivered to us by – are you sitting down? – the Ninth Circuit Court of Appeals. Appeals Court Throws Out Antitrust Ruling In the world of judges and Justices – this is exceedingly embarrassing: “A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a 2019 ruling .... //
Judge Koh pretended a patent is a ‘monopoly’ – and thus an antitrust violation.
“Ummm…a patent is a grant to ‘exclusive Right to Authors and Inventors the exclusive Right to their respective Writings and Discoveries…’ – per the Constitution.
“‘Exclusive right’ – means no one but you has that right. You – all by yourself – is a ‘monopoly.’ Per the Constitution.
“Suing Qualcomm’s patents for being a ‘monopoly’ – is like suing Shaquille O’Neal for being tall. You’re suing something – for being exactly what it is supposed to be.
“The Constitution preempts any antitrust law that follows – if antitrust law contradicts the Constitution. Or at least it’s supposed to do so.