The problem stems from the new weekly options expiration games being played. There will be constant manipulators instead of the once a month gig. The gap just got bigger for the channel traders also.
BTW, it is interesting watching the arm wrestling contest over common law and equitable injunctive relief. UMTS had no idea how far the hornrimmed glasses crowd would take its simple committment by and between its members to license the IPR being used in its standards. They are certainly making a non-manufacturer think twice about voluntarily sharing their inventions with known thieves. Perhaps congress needs to establish a registry fund for foreign manufacturers to pay an initial deposit and quarterly deposits thereafter so long as they are placing their products in commerce in the USA upon a claim of infringement by a US inventor. The fund would continue until a resolution was made between the parties. It would encourage these infringers to license because they would have to pay to play anyway. They could be exempt only by a showing that they have licensed the IPR contained in their products and request that the funds be released to the patent holder. This would put a burden on the standards' bodies to create a system of checks and balances for those IPR contributions being made to the standards.
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