Edward Black

Edward Black

Ropes & Gray LLP

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U.S. Supreme Court Preserves 50-Year-Old Rule Barring Post-Patent Royalties

On Monday, June 22, 2015, the U.S. Supreme Court issued a 6-3 decision in Kimble v. Marvel Entertainment, declining to reverse longstanding, yet controversial, precedent holding post-patent term royalties to be unlawful per...more

6/25/2015 - Antitrust Provisions Brulotte Contract Term IP License Kimble v Marvel Enterprises License Agreements Patent Litigation Patent Royalties Patents Popular Rule-of-Reason Analysis SCOTUS Stare Decisis

U.S. Supreme Court to Review Whether Post-Patent Term Royalty Schemes Lawful

On Friday, December 12, 2014, the U.S. Supreme Court granted certiorari on Kimble v. Marvel Enterprises, Inc., No. 13-720, opening the possibility that the Supreme Court will overturn Brulotte v. Thys Co., 379 U.S. 29 (1964),...more

12/16/2014 - Antitrust Provisions Certiorari Kimble v Marvel Enterprises License Agreements Patent Royalties Patents SCOTUS

Supreme Court Rules in Favor of Broadcasting Companies in Aereo’s Copyright Battle Over Internet Television Streaming

The United States Supreme Court on June 25, 2014, held that Aereo’s system for capturing and recording broadcast TV programming, and then streaming that programming to individual subscribers, “performs” that programming...more

7/1/2014 - ABC ABC v Aereo Broadcasting Copyright Copyright Infringement Public Performance Rights SCOTUS The Copyright Act

Ninth Circuit Holds Hybrid IP Agreement With Flat Royalty Rate Unenforceable Post Patent Expiration

The Ninth Circuit U.S. Court of Appeals recently reluctantly refused to enforce a hybrid intellectual property agreement – that is, an agreement involving a bundle of patent, trade secret, and other intellectual property...more

7/24/2013 - Contract Interpretation License Agreements Patents Royalties Trade Secrets USPTO Void and Unenforceable

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