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- Kimble v. Marvel Entertainment, LLC, 576 U.S. 446 (2015), is a significant decision of the United States Supreme Court for several reasons. One is that the Court turned back a considerable amount of academic criticism of both the patent misuse doctrine as developed by the Supreme Court and the particular legal principle at issue in the case. Another is that the Court firmly rejected efforts to assimilate the patent misuse doctrine to antitrust law and explained in some detail the different policies at work in the two bodies of law. Finally, the majority and dissenting opinions informatively articulate two opposing views of the proper role of the doctrine of stare decisis in US law. The narrow issue in Kimble v. Marvel was whether the Court should overrule the 50-year-old proposition in Brulotte v. Thys Co., 379 U.S. 29 (1964), that a patent license agreement requiring royalties for the period beyond the life of the licensed patent was unenforceable under the Supremacy Clause, state contract law notwithstanding, because it involved a misuse of patent rights. The Supreme Court in the Kimble case refused to overrule Brulotte and its doctrine against post-expiry royalties. (en)
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- 24933 (xsd:nonNegativeInteger)
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- 0001-03-31 (xsd:gMonthDay)
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- 0001-06-22 (xsd:gMonthDay)
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- Kimble et al. v. Marvel Entertainment, LLC, successor to Marvel Enterprises, Inc. (en)
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- Contracts that restrict free public access to formerly patented, as well as unpatentable, inventions are unenforceable. Earlier decision in Brulotte v Thys Co. affirmed. (en)
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- Scalia, Kennedy, Ginsburg, Breyer, Sotomayor (en)
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- Kimble v. Marvel Entertainment, LLC (en)
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- Kimble v. Marvel Entertainment, LLC, 576 U.S. 446 (2015), is a significant decision of the United States Supreme Court for several reasons. One is that the Court turned back a considerable amount of academic criticism of both the patent misuse doctrine as developed by the Supreme Court and the particular legal principle at issue in the case. Another is that the Court firmly rejected efforts to assimilate the patent misuse doctrine to antitrust law and explained in some detail the different policies at work in the two bodies of law. Finally, the majority and dissenting opinions informatively articulate two opposing views of the proper role of the doctrine of stare decisis in US law. (en)
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- Kimble v. Marvel Entertainment, LLC (en)
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- (en)
- Kimble et al. v. Marvel Entertainment, LLC, successor to Marvel Enterprises, Inc. (en)
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