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No. of Recommendations: 3
I use to be somewhat of an antitrust law expert a few years back. But since I never practiced antitrust law its kind of slipped my mind a bit.

But I'll state something that gives the countersuit some credit: RMBS only sued Hitachi (not any other competitor) and we Fools tended to interpret this as a we will hurt Hitachi so the rest of you industry folks better stay in line.

This would be an intent to monopolize and industry. And many of us expressed this very intent without delving into the legal ramifications.

This said, wil is stand up in court? I don't know. A patent is a legal way to get around the Sherman Act. Plus the burden of proof by preponderance of the evidence will be on Hitachi. And any case Hitachi might make will take years.

In the end, unless Hitachi is really serious about this I think it probably amounts more to trying to strengthen their hand for settlement talks. But I have not read the pleadings and have not been privy to the internal workings of the companies. These things can fall on fine factual interpretations.

On a danger scale of 1-10 10 being screaming danger and 1 being mock laughter I put this threat a 3. More than RMBS just laughing at Hitachi but less than something that builds a bead of sweat on the forehead.

Tinker
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