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Licenses Kimble v Marvel Enterprises

Kelley Drye & Warren LLP

Supreme Court Still Prohibits Patent Royalties For Activity Occurring After Patent Expires (Kimble V. Marvel)

Today, the Supreme Court declined to overrule its prior decision in Brulotte v. Thys Co., 379 U.S. 29 (1964), and maintained its ruling that a patent holder cannot charge royalties for the use of his invention where the use...more

Morrison & Foerster LLP

Will the Supreme Court Remove Brulotte’s Shadow Over Patent Licensing?

Morrison & Foerster LLP on

Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that the collection of royalties after a patent’s expiration constitutes per se patent misuse. Although criticized by scholars, antitrust agencies, and the...more

Goodwin

Supreme Court to Decide Whether License Agreements May Require Payment of Royalties After Patent Expiration

Goodwin on

The U.S. Supreme Court Friday agreed to revisit a longstanding precedent that bars patent owners from collecting royalties after their patents have expired, even if those post-expiration payments represent compensation for...more

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