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Agreement Unenforceable Post-Patent-Expirati... Even When Contract Says Otherwise
BREAKING: Justices Keep 50-Year-Old Ban On Expired-Patent Royalties
By Ryan Davis
Law360, New York (June 22, 2015, 10:14 AM ET) -- The U.S. Supreme Court decided Monday to leave intact a 50-year-old rule barring royalty agreements that continue after a patent expires, ruling that there was no compelling reason to end the ban in a suit over a defunct Spider-Man toy patent.
The 6-3 decision is a win for Marvel Enterprises Inc., which was involved in a royalty dispute with an inventor who licensed the company a patent for use in a Spider-Man Web Blaster toy and was seeking to obtain royalties after the patent expired....