"Shame can have more power than litigation," says Mr Wu. "The market and consumers can control bad practices, but consumers actually have to be aware of what is going on for that to happen".The telecoms firms could even find that the boot is on the other foot, says Mr Odlyzko of the University of Minnesota.
Judge Alex Kozinski in effect denied the power of litigation to generate scientific knowledge untainted by the interests of the parties [but see Boden and Ozonoff (2008)].
The power of litigation to influence policy outcomes is supported by tobacco industry documents that show that the tobacco industry and its allies perceived early court cases such as major setbacks [ 28].
Motorola Mobility's patents might be used to achieve a balance of litigation power in the patent system if all the main players wind up having their own, roughly equivalent arsenals.
On the other, American shareholders (or rather the lawyers who purport to represent them) wield too much power in securities litigation.
But Robert P. Merges, a law professor at the University of California, Berkeley, said it was possible the administration would overturn Friday's decision as part of a broader move to diminish the power of patent litigation as an industry weapon.
As part of a strategy to defeat tobacco use, the World Health Organization examined "the power of legislation, litigation and public inquiries as public health tools," said Dr. Derek Yach, a top agency official.
It strengthens the White House's hand as it has pushed an array of assertive counterterrorism policies, while raising an opportunity for the Supreme Court to rule for the first time in decades on the scope of the president's power to restrict litigation that could reveal state secrets.
But if the commission hands Apple another victory, Robert P. Merges, a law professor at the University of California, Berkeley, 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.
When failure occurs, direct and indirect losses are high, leaving aside other costs associated with power disruption and litigation.
