The U.S. Supreme Court recently issued a ruling in the case of Kimble v. Marvel Enterprises that leaves intact a 50-year-old rule barring royalty agreements that continue after a patent expires. In this Law360 article, Edward Ramage comments on why the decision is significant.
"While the Brulotte rule may be long-standing, a surprisingly high number of patent owners and licenses may have been unaware of it. Perhaps the main significance of today's decision is educational: reminding those engaging in licensing transactions of the existence of Brulotte and the need to give careful consideration to how royalties are structured," Mr. Ramage said.
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