Discuss how despite the difficulties created by Noerr-Pennington a challenge was still possible.

Directions: Read the law review article : “Clean Air Never Smelled So
Bad: Union Oil Co. of California v. Atlantic Richfield Co.” in Module
Four. Consider the 393 patent mainly from UNOCAL’s competitors position.
Write a review of this law review article. This assignment is short
essay format. This is not a formal writing assignment. The length
should be two pages double-spaced. I am most interested in hearing your
opinions and ideas.

Questions to consider: (You don’t have to use these, they are just ideas
to get you started.)

1. Discuss how Noerr-Pennington immunity makes challenging this case in
the FTC difficult.

2. Discuss how despite the difficulties created by Noerr-Pennington a
challenge was still possible.

3. After the FTC’s second ruling in favor of UNOCAL, how has the
position of both UNOCAL and the common interest litigation group
changed? Who has the stronger arguments at this point?

Criteria #1 : Grammar and readability

Ratings: 25 pts Full Marks 12.5 pts Medium 0 pts No Marks

Criteria#2: Review – 2 pages double-spaced I am looking for a thoughtful
discussion that contains some original thought and opinion.

Ratings: 75 pts Full Marks. 37.5 pts Medium 0 pts No Marks

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