The result may be fewer blockbuster federal patent lawsuits and, as a commentator in The Recorder story opined, more actions at the U.S. International Trade Commission (USITC), where U.S. market exclusion is the exclusive remedy and eBay is not applicable.

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That may not seem hard to achieve when the market is rallying, but the averaging provision and the dividend exclusion might be formidable barriers in slower markets.

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