Marvel Wins At 9th Circ. In Spider-Man Toy Patent Dispute

Law360, New York (July 16, 2013, 5:04 PM EDT) -- The Ninth Circuit on Tuesday reluctantly found a Spider-Man toy inventor’s right to collect royalties after the expiration of his patent is barred by a controversial U.S. Supreme Court ruling, and upheld the dismissal of his breach of contract suit against Marvel Enterprises Inc.

Plaintiff Stephen Kimble alleged that in 1990 he invented a Spider-Man toy that featured the ability to shoot foam string out of a wristband device, and received assurances he would be compensated if Marvel used his idea. Kimble sued the company in...
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