Justices’ Expired-Patent Royalties Ban to Spur Clever Deals

The U.S. Supreme Court’s 6-3 decision in Kimble v. Marvel Entertainment upheld a 50 year-old precedent, established in 1964 in Brulotte v. Thys Co., barring royalty agreements that continue after a patent expires. In this article, Jeremiah B. Frueauf comments on post-patent expiration licensing agreements, “There may certainly be times where both parties want to agree to a license for some technology beyond the life of the patent, but with the affirmance of the Brulotte rule, you can’t simply enter into an agreement to do that.”