The US Supreme Court reaffirms the Court’s 51-year-old rule precluding patent owners from collecting patent royalties on expired patents (Kimble / Marvel)

Supreme Court Cites Spiderman In Ruling Against Post-Expiration Patent Royalties* Spiderman swung through the halls of the U.S. Supreme Court yesterday as Justice Elena Kagan liberally relied on the comic book superhero in the Court’s decision in Kimble v. Marvel Enterprises, Inc., reaffirming the Court’s 51-year-old rule precluding patent owners from collecting patent royalties on expired patents. In 1964 the U.S. Supreme Court ruled in Brulotte v. Thys Co. that the statutory limit on patent terms precludes patent licensors from enforcing any contract to receive royalties for exploitation of the patent after its term had expired. The Court accepted the Kimble case explicitly to consider whether, in light of subsequent antitrust law and economics scholarship, this precedent should be

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Robert S. Schwartz, The US Supreme Court reaffirms the Court’s 51-year-old rule precluding patent owners from collecting patent royalties on expired patents (Kimble / Marvel), 22 June 2015, e-Competitions Bulletin June 2015, Art. N° 74056

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