News & Analysis as of

Royalties Patents Contract Term

Saul Ewing Arnstein & Lehr LLP

Supreme Court: No Patent Royalties May Accrue After Patent Expiration

With Kimble v. Marvel Entertainment, LLC, the U.S. Supreme Court upheld the controversial Brulotte v.Thys Co. decision, which prohibited collection of patent-based royalties that accrue after patent expiration. The Court...more

Foley Hoag LLP

How Not to Get Snared in Brulotte’s Web

Foley Hoag LLP on

The Supreme Court’s Kimble Decision Reminds Licensors and Licensees to Evaluate Post-Expiration Royalties with Care - On June 22, 2015, the Supreme Court, in Kimble v. Marvel Entertainment, LLC, declined to overrule–on...more

Weintraub Tobin

Everything Old is New Again: Post-Expiration Patent Royalties are a Bad Idea!

Weintraub Tobin on

On Monday, the United States Supreme Court upheld the longstanding case law that prohibits a patent owner from receiving royalties after a patent has expired. In Kimble v. Marvel Entertainment, LLC (June 22, 2015) 2015 U.S....more

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