Robert L. Maier Revisiting Spider-Man and Patent Licenses: 'Kimble v. Marvel'
In his Patent and Trademark Law column, Rob Maier looks back at the Supreme Court decision in 'Kimble v. Marvel Entertainment,' which dealt with the issue of collecting royalties for a license term that extends beyond the expiration date of a licensed patent. The court's decision clarified whether and to what extent this is proper and offers "practical guidance in the complex area of patent licensing."
May 24, 2022 at 12:00 PM
7 minute read
Intellectual Property
In 2015, the Supreme Court issued its decision in Kimble v. Marvel Entertainment, LLC, 576 U.S. 446 (2015), which upheld a prior decision of the court and provided clarity on a question that frequently arises in patent licenses: whether, and to what extent, is it proper to collect royalties for a license term that extends beyond the expiration date of a licensed patent? For in-house counsel and others regularly involved in licensing transactions, the decision is worth revisiting, as it provides helpful, practical guidance in the complex area of patent licensing.
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