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Ebay And The Blackberry®: A Media Coverage Case Study, Lisa A. Dolak, Blaine T. Bettinger Jan 2008

Ebay And The Blackberry®: A Media Coverage Case Study, Lisa A. Dolak, Blaine T. Bettinger

Lisa A Dolak

Patent owners, potential infringers, and the courts will continue to work through the implications of the Supreme Court’s 2006 decision in eBay Inc. v. MercExchange, L.L.C. for some time. We look back, however, at media coverage relating to injunctions, “trolls,” and the U.S. patent system generally, in the months preceding the Court’s decision. We show that although eBay featured prominently in news and editorial coverage while it was pending at the Court, it could not compete in the media with another patent case pending at the same time: the case that threatened to darken the Blackberry®. Further, we note that …


Lies, Damn Lies And Statistics: Developing A Clearer Assessment, Rob M. Frieden Jan 2008

Lies, Damn Lies And Statistics: Developing A Clearer Assessment, Rob M. Frieden

Rob Frieden

Depending on the source one can conclude that United States consumers enjoy access to a robustly competitive and nearly ubiquitous marketplace for inexpensive broadband Internet access, or they suffer the consequences of a tightly concentrated industry offering inferior service at high rates. On one hand, the Federal Communications Commission (“FCC”), the National Telecommunications and Information Administration (“NTIA”) and some sponsored researchers offer a quite sanguine outlook, possibly influenced by their appreciation for the political and public relations dividends in compiling positive results. On the other hand, other statistical compilations and interpretations show the U.S. behind in terms of market penetration …