Supreme Court to Revisit Whether Agreement to Pay Royalties After Patent Expiration is Per Se Unlawful

Fitzpatrick Case Update
December 12, 2014

On December 12, 2014, the Supreme Court granted certiorari in Kimble v. Marvel Enterprises, Inc., to revisit and perhaps reconsider its prior decision in Brulotte v. Thys Co., 379 U.S. 29 (1964) holding per se unlawful patent license agreements which continued royalty obligations after expiration of the patent. Notably, certiorari was granted notwithstanding the Solicitor General counseling against it.

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