US EditionFormalism, Fictions, and Federalism: Post Expiry Royalties Return to SCOTUS
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Formalism, Fictions, and Federalism: Post Expiry Royalties Return to SCOTUS
by Dennis Crouch I just read Atrium Medical's SCOTUS petition -- asking the court help resolve a circuit split involving the the Brulotte & Kimble doctrines that bars collecting royalties after a patent expires, even if agreed-to by contract. In 1964, the Supreme Court established in Brulotte v. Thys Co. that "a patentee's use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se." 379 U.S. 29 (1964). T…
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