Gattari, Pactrick; Ferguson, Steven; Crichton, David; … - 2017
The recent US Supreme Court decision in Kimble v Marvel confirmed that royalty payments based on post-patent expiration … sales violate US patent laws and the Court’s often criticized 1964 Brulotte decision. Fortunately, several alternatives … exist for structuring deals that can extend payments beyond the expiration of a patent for a license that existed during the …