Cert Denied in Rambus

Josh Wright —  23 February 2009

Hot off the press (HT: Antitrust Review).

As TOTM readers will know, I think this is the correct result as I’ve argued here that the Supreme Court should indeed reject the Commission’s petition. I also believe the rejection is consistent with the Supreme Court’s antitrust case selection under Chief Justice Roberts in the sense that, on top of the fact that Broadcom and Qualcomm do not create a circuit split and seem relatively reasonable decisions given their factual and procedure contexts, there is no economic consensus that antitrust as an additional solution to those offered by contract and patent law makes sense. As Judge Douglas Ginsburg and Leah Brannon have pointed out, the consensus support of both economists and the Solicitor General have been fairly good predictors of Supreme Court outcomes.