Spider-Man Toy Inventor Asks High Court To Nix Brulotte Rule

Law360, Washington (December 20, 2013, 6:55 PM EST) -- A Spider-Man toy inventor asked the U.S. Supreme Court to overturn its own precedent that prevents him from collecting royalties for his product from Marvel Enterprises Inc. after his patent expired, claiming the largely criticized Brulotte v. Thys Co. ruling is anti-competitive and outdated.

In a Dec. 13 petition for certiorari, Stephen Kimble claimed the high court's nearly 50-year-old Brulotte decision prevents willing parties from entering royalty agreements that outlast a patent's life even though those agreements can be pro-competitive and beneficial to all sides....
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