• Supreme Court Affirms Brulotte, "Green-Lights" Collecting Patent Royalties After Patents Expire
  • July 2, 2015 | Author: Charles W. Shifley
  • Law Firm: Banner & Witcoff, Ltd. - Chicago Office
  • In an important decision for patent licensing freedom, on June 22, 2015, the United States Supreme Court cleared the way for spreading patent royalty payments after the expiration of patents, in some simple and other complex ways. In Kimble v. Marvel, 576 U.S. (2015), the Court affirmed the decision of Brulotte v. Thys, that royalties may not be collected on sales that occur after patents expire. However, it also approved extending “in-term” royalties on patents into post-expiration periods in spite of Brulotte.