Fitzpatrick Case Update
June 22, 2015
On June 22, 2015, the Supreme Court issued its decision in Kimble v. Marvel Enterprises Inc., No. 13-720, affirming the Ninth Circuit’s application of Brulotte v. Thys Co., 379 U.S. 29 (1964), which stands for the proposition that patent license agreements having continued royalty obligations post-patent expiration are per se unlawful. Writing for the 6-3 majority, Justice Kagan held that Brulotte must be adhered to because it rests on a “superpowered form” of stare decisis. Justice Alito dissented, joined by Chief Justice Roberts and Justice Thomas.