Competition in a Market Economy

From: AAROFLEX, Inc. (
Date: Fri Oct 24 1997 - 23:26:02 EEST

Dear rp-ml members:

Our industry is suffering from a lack of competition. Competition in
U.S. industry is the driving force behind the continual development of
safer, cheaper and better products and processes. Almost every important
innovation in American manufacturing resulted from the challenges of
competing manufacturers. Our industry, however, is suffering from a lack
of this competitive spirit. The dominant producer in our industry seems
to be stifling competition by intimidating potential buyers of competing
technology with threats of lawsuits should they purchase the competing

Several people have been brave enough to give us, at AAROFLEX, full
reports of threats to include them in a lawsuit if they buy our machine.
Others have not reported details of the threats made, but have said that
they fear retaliation if they step forward. Threats made against
companies or individuals of a patent lawsuit without reasonable
certainty of an infringement is, as we understand it, a violation of
patent law. AAROFLEX is in possession of five patent opinion that cast
serious doubt on the "certainty" of any infringement.

I am sure that if each of you who has been threatened reported these
incidents, the pool of evidence it would create will help support the
case to open the market to fair and honest competition. In the long run,
this will mean better products and services at a competitive price.
Opening the market will help bring our industry to the highest level of
competitive excellence. In a healthy market, no single competitor would
be able to retaliate against an entire industry.

We have set up a data-base to record these reports. It will help us, and
it will help the industry. We must take the next step towards
competitive excellence. Please report threats to and stand together to support a stronger,
more competitive industry.

Albert C. Young, Jr.
8550 Lee Highway, Suite 525
Fairfax, VA 22031
703.849.1206 fax

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