Today, in a 6-3 opinion in Kimble et al v. Marvel Entertainment, LLC, the U.S. Supreme Court upheld the rule against post-expiration patent royalties. Justice Kagan wrote the majority opinion. Justices Alito and Thomas, joined by Chief Justice Roberts, dissented.
As we predicted, the Court was not persuaded by the complex economic arguments advanced by the Petitioner and Amici, was inclined to follow precedent, and simply reluctant to make a foray into what they consider Congress’ purview.
Read the decision here.