Patent royalties after expiration
Kimble v. Marvel Entertainment
In brief
The Court refused to overturn Brulotte and agreed with the Ninth Circuit, leaving the ban on post-expiration patent royalties in place.
- Where it stands
- Decided
Decided 6-3 · June 22, 2015 · Opinion by Justice Kagan
- What it’s about
- Stephen Kimble asked the Supreme Court to overturn the rule that a patent owner cannot collect royalties for sales after the patent expires. The Court kept that rule in place and agreed with the Ninth Circuit (affirmed).
- Who it affects
- Patent owners remain barred from collecting royalties for sales made after their patents expire under Brulotte.
Summary: written with AI from the case record.
What it's about
Brulotte v. Thys Co. was the earlier Supreme Court case that created the rule Kimble challenged.
Question presented
Should the decision in Brulotte v. Thys Co , which held that a patentee cannot continue to receive royalty payments after the patent has expired, be overturned?
What the Court decided
Holding
Stare decisis requires this Court to adhere to Brulotte. 727 F. 3d 856, affirmed.
- Result
- Affirmed
The Court's reasoning
The Court said it had to follow its earlier Brulotte decision, so it kept the rule in place.
The vote
From the opinions
“Stare decisis does not require us to retain this baseless and damaging precedent.”
What's next
The Ninth Circuit's ruling remains in place, and lower courts continue applying Brulotte's rule; the Supreme Court did not send this case back.
Documents
Opinions
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Opinion added: Kimble
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.