High Court To Reconsider Ban On Expired-Patent Royalties

Law360, New York (December 12, 2014, 6:13 PM EST) -- The U.S. Supreme Court on Friday agreed to review a 50-year-old rule barring royalty agreements that extend beyond the expiration of a patent, a standard the inventor of a Spider-Man toy argues is outdated and anti-competitive.

The justices granted a petition for certiorari by inventor Stephen Kimble, who is challenging a July 2013 ruling by the Ninth Circuit that threw out his breach of contract suit against Spider-Man rights holder Marvel Enterprises Inc.

The high court will review its own 1964 decision in Brulotte v. Thys,...
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