Will Supreme Court Accept Invitation on Post-Expiration Royalties

New York Law Journal
December 2, 2002

This article, written by partner Michael P. Sandonato, analyzes the recent Seventh Circuit decision by Judge Posner in Scheiber v. Dolby Laboratories and the plaintiff’s petition to the Supreme Court to reconsider its long-standing rule which prohibits a patent holder from collecting royalties following the expiration of a patent. The article focuses on the specific language of Judge Posner, who adhered reluctantly to the Supreme Court’s precedent, even while devoting a large portion of his opinion to criticizing its economic reasoning.

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