Patent case has potential to give Apple the upper hand

Robert Merges quoted in The New York Times, August 8, 2013

If the commission hands Apple another victory, Robert P. Merges … said the Obama administration could again overrule any import ban the commission puts in place, as part of a strategy to diminish the power of patent litigation as an industry weapon. “I think there are a lot of political implications,” he said, referring to the possible reaction by other governments. “You’ll have the obvious favoring-the-home-team problem. But I would be shocked if they didn’t think this through carefully.”