The Supreme Court Considers Whether to Apply Rule of Reason Standard to the Enforcement of Patent Royalties Post Patent Expiration
The Supreme Court heard arguments last week in Kimble v. Marvel Enterprises, No. 13-720, where the Court has been asked to decide if Brulotte v. Thys Co., 379 U.S. 29 (1964), a case which deems royalty agreements that involve accruals beyond the expiration of the underlying patent per se unlawful, should be overturned and replaced by a holding permitting analysis of such agreements under the antitrust rule of reason standard.