Post-Expiration Royalties & Patent Misuse. In Kimble v. Marvel Enters. (U.S.), the Supreme Court will consider overruling Brulotte v. Thys Co. where the Court had concluded that a patent license agreement under which the licensee was required to pay royalties that accrued after the expiration of the licensed patent constituted patent misuse. Brulotte is easily one of the most criticized of the Supreme Court's intellectual property decisions and there are strong arguments in favor of overruling it. For a discussion, see § 7.06.
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