The US Supreme Court hears arguments before the decision on whether post-expiration license royalty obligations are caught in the web of patent policies or antitrust analysis (Kimble / Marvel)

Supreme Court Seeks To Untangle Patent And Antitrust Principles Caught In Spider-Man’s Web* The Supreme Court heard oral argument today on whether litigation over a toy based on Spider-Man’s web should be used to vanquish a 50-year-old precedent precluding patent owners from collecting patent royalties on expired patents under a per se rule, and to replace it, in effect, with an antitrust Rule of Reason analysis. In Kimble v. Marvel Enterprises, Inc., an individual inventor patented a toy glove that shoots foam string, similar to Spider-Man’s web. After Stephen Kimble, the patent owner, showed his invention to the president of Marvel, Marvel began selling an allegedly infringing “Web Blaster” toy. The patent owner and Marvel settled their patent and breach of contract litigation with an

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Seth D. Greenstein, The US Supreme Court hears arguments before the decision on whether post-expiration license royalty obligations are caught in the web of patent policies or antitrust analysis (Kimble / Marvel), 31 March 2015, e-Competitions Patents Settlements, Art. N° 72308

Visites 606

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues