The Supreme Court’s Kimble Opinion

I try to briefly summarize all Supreme Court opinions dealing with intellectual property law. I did not get around to summarizing last June’s Kimble opinion (available here) in a timely manner, but nevertheless now here it goes. In Kimble v. Marvel, the Supreme Court upheld—on stare decisis grounds—its 1964 decision in Brulotte v. Thys Co–Brulotte held that a patent license agreement cannot require the licensee to continue to pay royalties after the licensed patent (or the last of the licensed patents) expires.

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