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Certified Licensing Professionals, Inc., 2021 Disclaimer
This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.
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Category Archives: Licensing
Fed. Cir. in Helsinn v. Teva Declines Limiting the Requirements of the “On Sale” Bar
In Pfaff v. Wells Electronics, 525 US 55 (1988), the Supreme Court attempted to focus the factors invoking the on-sale bar of s.102, by holding that the claimed invention must both be the subject of a “commercial sale”(including offers for … Continue reading
Kimble v. Marvel – Supreme Court Sticks With Brulotte Rule
In a rather breezy opinion filled with Spiderman puns and references, Justice Kagan, writing for a 6/3 Court, affirmed that Brulotte v. Thys Co., 379 U.S. 29 (1964) controlled the outcome of this dispute over Marvel’s decision to halt royalty … Continue reading
Posted in Licensing
Tagged Brulotte Rule, Federal Circuit, intellectual property, ip, Kimble v Marvel, Spiderman, Supreme Court, Warren Woessner
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Supreme Court to Review Post-Expiration Date Royalties in Kimble v. Marvell
Despite a negative brief from the Solicitor General’s Office, on Friday the Supreme Court granted cert. in Kimbell v. Marvell, 727 F.3d 856 (9th Cir. 2013) (a copy can be found at the end of this post). The single question … Continue reading