In a case pitting a former U.S. solicitor general against a Tucson attorney who invented a Spider-Man web-slinging toy with his Spidey-obsessed son, the U.S. Supreme Court has agreed to reconsider 50-year-old precedent on the question of whether royalty requirements can extend beyond a patent’s expiration.
The justices on Friday granted cert in Kimble v. Marvel Enterprises Inc., with arguments likely next spring. The petitioner, Stephen Kimble, hopes to force Marvel to resume royalty payments on his now-expired patent for a ” Web Blaster” toy that mimics Spider-Man’s web-shooting abilities with the help of foam string.
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