U.S. Supreme Court,
Intellectual Property
Dec. 25, 2014
Royalties on an expired patent?
An upcoming U.S. high court case will revisit what Judge Posner has called "one of the all-time economically dumb Supreme Court decisions."
On Dec. 12, the U.S. Supreme Court granted certiorari in Kimble v. Marvel Enterprises Inc., 13-720 in order to revisit its decision in Brulotte v. Thys Co., 379 U.S. 29, 32 (1964), which Judge Richard Posner of the 7th U.S. Circuit Court of Appeals described in 2003 as "one of the all-time economically dumb Supreme Court decisions." In Brulotte, the court held that a patent license cannot provide for payment of royalties beyond the expiration of the patent, even if t...
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