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ARTICLE CONTENTS
[Pages 509-544]
TOP OF ARTICLE
Introduction
I. Economic Analysis of Opportunistic and Anti-Competitive Intellectual Property Lawsuits
A. Weak Lawsuits and Credible Threats
B. Opportunistic Suits
C. Anti-competitive Lawsuits
II. Pre-Trial Control of Socially Harmful IP Litigation
A. Preliminary Injunctions
B. Declaratory Judgment
C. Summary Judgment for the Defendant
III. Post-Trial Control of Socially Harmful IP Litigation
A. Fee Shifting and Attorney Sanctions
B. Sham Litigation and Antitrust Law
IV. Screening out Weak Intellectual Property Lawsuits
A. Better Examination at the Patent and Trademark Office
B. Stricter Standards for Certain Intellectual Property Rights
Conclusion
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