Case Law Index
federal2015
Additional Highlights:Patent LawRoyaltiesStare Decisis
Kimble v. Marvel Entertainment, LLC
United States Supreme Court
Key Holding
Patent holders cannot charge royalties on a licensed product after the patent expires; Brulotte v. Thys Co. is reaffirmed despite criticism.
Case Summary
Kimble v. Marvel Entertainment reaffirmed the rule of Brulotte v. Thys Co. that a patent holder cannot receive royalties for use of a patented invention after the patent's expiration, holding that stare decisis supported maintaining the rule even if some found it economically questionable.