Attorneys React to Supreme Court Patent Royalties Case

Jeremiah B. Frueauf weighs in on the U.S. Supreme Court’s ruling in Kimble v. Marvel Enterprises, which upheld a 50-year-old precedent barring royalty agreements that continue after a patent expires.

“At first blush, the Supreme Court’s affirmance today in Kimble v. Marvel Entertainment LLC simply maintains day-to-day licensing practices. However that view is limited,” said Frueauf, “The court’s sanctioning of Brulotte’s bright-line rule against royalties for post-expiration patent use brings renewed significance to risk leveraging and royalty allocation over the life of a patent.”