In an article published in Law360 on June 22, 2015, Lori Johnson offered her reaction to the Supreme Court Royalties Case Kimbel v. Marvel Enterprises. The Supreme Court issues a ruling that leaves intact a 50-year-old rule barring loyalty agreements that continue after a patent expires. Johnson explains, “By upholding the Brulotte rule, the Supreme Court retained a simple and predictable test for the end date of a patent royalty. Kimble v. Marvel underscores the importance of keeping patent agreements separate from other business agreements. Business agreements can support any number of financial obligations, but patents serve a greater purpose. Patents inform the public and for that, they are given a period of commercial exclusivity. At the end of that monopoly period, the bargain is to allow the invention to enter the public domain.” Subscribers may view the full article here.
- News & Analysis