KIMBLE v. MARVEL ENTERTAINMENT, LLC

No. 13-720.

135 S.Ct. 2401 (2015)

192 L.Ed.2d 463

Stephen KIMBLE et al., Petitioners, v. MARVEL ENTERTAINMENT, LLC, successor to Marvel Enterprises, Inc.

Supreme Court of United States.

Decided June 22, 2015.


Attorney(s) appearing for the Case

Roman Melnik , Los Angeles, CA, for Petitioners.

Thomas G. Saunders , Washington, DC, for Respondent.

Malcolm L. Stewart for the United States as amicus curiae, by special leave of the Court, supporting the respondent.

Antonio R. Durando , Tucson, AZ, Roman Melnik , Counsel of Record, Kenneth Weatherwax , Nathan N. Lowenstein , Flavio M. Rose , Goldberg, Lowenstein & Weatherwax LLP, Los Angeles, CA, for Petitioners.

Seth P. Waxman , Counsel of Record, Paul R.Q. Wolfson, Thomas G. Saunders , Matthew Guarnieri , Daniel Aguilar , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, for Respondents.


In Brulotte v. Thys Co., 379 U.S. 29, 85 S.Ct. 176, 13 L.Ed.2d 99 (1964), this Court held that a patent holder cannot charge royalties for the use of his invention after its patent term has expired. The sole question presented here is whether we should overrule...

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