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Intellectual Property

Jul. 8, 2015

Unpacking Kimble v. Marvel

The Supreme Court's decision has broad implications in its prescription to lower courts -Â patent law is a congressional sphere of action with strict, bright-line rules. By Alice Armitage and Evan Frondorf


By Alice Armitage and Evan Frondorf


Writing for a 6-3 majority in Kimble v. Marvel Enterprises Inc., Justice Elena Kagan amused court-watchers with an opinion filled with Spider-Man
references and puns, artfully pointing to the comic book toy at the center of the
case. While she livened up a case dealing with an arcane corner of patent law, Kagan
also arrived at a simple decision: leave Brulotte v. Thys...

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