Program Title: Caught in a web - how the court in Kimble v. Marvel ruled on whether payment of royalties for an expired patent is unlawful per se.
Original air date: February 9, 2016
A presentation from the New Lawyers Committee
In a surprise to many, a divided Supreme Court in Kimble v. Marvel Entertainment, LLC (June 22, 2015) maintained the long-standing, but often criticized, holding that post-expiration patent royalties in contracts are void, per se, as a patent misuse under Brulotte v. Thys Co., 379 U.S. 29 (1964). An AIPLA panel will discuss the case law leading up to the Kimble v. Marvel decision, the decision itself, what royalty strategies to pursue, as well as what remedies are available post Kimble v. Marvel. No CLE credit available. Presented by Courtenay Brinckerhoff of Foley & Lardner, LLP; Ronald Kamis of Prismatic Law Group, PLLC; Mita Mukherjee of MedImmune, LLC; and Kimberly Wade of Freeman Wade, LLP.