Kimble v. Marvel Entertainment: Patent Licensors, Beware Getting Caught In Brulotte’s Web
Jul 9th, 2015 by Frederick Spaeth | News | Recent News & Articles |
On June 22, 2015 in Kimble v. Marvel Entertainment, 576 U.S. ___ (2015), the U.S. Supreme Court upheld a rule it established in 1964 in Brulotte v. Thys Co., 379 U.S. 29, which said that a patent holder cannot charge royalties for the use of a patented invention after the patent has expired. As a result of this ruling, Marvel does not owe royalties to Stephen Kimble based on sales of Spider Man “Web Blaster” accessory toys that fell under Kimble’s expired patent. (The Web Blaster lets would-be spidermen shoot foam web strands from their wrists, just like Peter Parker. Shazam!)