Tuesday, March 24, 2015

Petitioner's Reply Brief in Kimble v. Marvel Enterprises

The petitioner's reply brief in Kimble v. Marvel Enterprises--the case in which the Supreme Court has been asked to overrule its 1964 decision in Brulotte v. Thys holding agreements to pay postexpiration patent royalties per se unenforceable--has been filed and is available here.  From the introduction:
At bottom, Marvel and the government each invite this Court to retain a per se rule that makes no economic sense and hampers innovation on the basis of a formalistic and cropped view of patent policy that itself does not survive closer examination. Brulotte should be overruled.
The case is scheduled for oral argument one week from today, on March 31, 2015.  For previous blog posts and links to the other briefs that have been filed in the case, see here, here, here, here, and here.

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