The Supreme Court Rules Patent Licensing Beyond Patent Term is Anti-Competitive


The Supreme Court Rules Patent Licensing Beyond Patent Term is Anti-Competitive
The Supreme Court Rules Patent Licensing Beyond Patent Term is Anti-Competitive. In, Kimble v. Marvel, The Supreme Court considered anti-competitive concerns to patent licensing contracts beyond the term of a patent. Stated another way the case is about post-expiration patent royalties. The US has had a longstanding ban on such royalties, as a result of the holding in Brulotte v. Thys Co., that identified them as a per-se anti-competitive practice. Kimble and Marvel entered into a contract that stipulated that Kimble would continue getting royalties after the expiration for a Spider-Man toy patent. The Supreme Court relied heavily on the theory of Stare Decisis, that is to say that Judicial Opinions should only be reversed in severe extenuating circumstances. The Supreme Court ruled that the licensing contract was non-enforceable, and that any future relief from the Brulotte rule would have to come from the legislative body of government, by statute, rather than in a courtroom.

source: Maier & Maier, PLLC

345 South Patrick Street
Alexandria, VA 22314
www.maierandmaier.com

    • January 2021
      Mon Tue Wed Thu Fri Sat Sun
      « Dec    
       123
      45678910
      11121314151617
      18192021222324
      25262728293031
  • IP4all Weekly Bulletin

    You can subscribe to the weekly IP4ALL Bulletin.

  • IP Consulting Ltd. - Intellectual Property Consulting Agency
  • Landmark-TP
  • Ivan Georgiev - Rembrand
  • Global IP Attorneys - The world's leading address guide for patent,  trademark, copyright, intellectual property and IP attorneys. In just a few steps you can find your agency for registration and protection of your intellectual property, patent, design, copyright or trademark.
  • The Professional Sector Network is a referral and networking group that caters exclusively to leading firms with a history of excellence in the business, advisory and investment sectors.
  • Online source of information for the events and developments in the field of intellectual property worldwide
  • Jobs in USA
  • Become our partners
  • IP Basis®

  • IP Guide®