CASE COMMENTS: FOREIGN CASE LAW - PRIVATE ENFORCEMENT – INTELLECTUAL PROPERTY

USA : The U.S. Supreme Court refuses to apply the rule of reason, inspired by antitrust law, to patent law in a case related to the payment of post-expiration royalties (Kimble/Marvel Entertainment)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Although the commented decision, handed down by the U.S. Supreme Court on June 22, 2015, mainly concerns patent law, it deserves its place in this column for the interesting links it makes with antitrust law (Kimble v. Marvel Entertainment, 2015 WL 2473380 U.S., June 22, 2015; much more anecdotally, the decision is also interesting for its humorous references - and a bit surprising for a French jurist! - of the universe of superheroes that are made in the very text of the majority opinion delivered by Judge Kagan). Admittedly, competition law issues are therefore addressed indirectly. However, as this is a judgment handed down by the highest federal court,

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Jean-Christophe Roda, USA : The U.S. Supreme Court refuses to apply the rule of reason, inspired by antitrust law, to patent law in a case related to the payment of post-expiration royalties (Kimble/Marvel Entertainment), 22 June 2015, Concurrences N° 3-2015, Art. N° 75265, pp. 203-205

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