1. Home
  2. Browse Decisions
  3. F.3d
  4. 727 F.3d
  5. 727 F.3d 856 (2013)
 

KIMBLE v. MARVEL ENTERPRISES INC.

No. 11-15605.

727 F.3d 856 (2013)

Stephen KIMBLE; Robert Michael Grabb, individuals, Plaintiffs-Appellants, v. MARVEL ENTERPRISES INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission vacated December 14, 2012.

Filed July 16, 2013.

Resubmitted May 29, 2013.

Attorney(s) appearing for the Case

Antonio R. Durando (argued), Tucson, AZ; Stephen Kimble , Tucson, AZ; and Robert Grabb , Tucson, AZ, for Plaintiffs-Appellants.

David Fleischer (argued), Haynes and Boone, LLP, New York, NY; Andrew M. Jacobs , Snell & Wilmer L.L.P., Tucson, AZ; and Jason T. Christiansen , Zuniga Christiansen PLLC, Houston, TX, for Defendant-Appellee.

Before: DIARMUID F. O'SCANNLAIN, SIDNEY R. THOMAS, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

CALLAHAN, Circuit Judge:

This appeal calls on us to again construe the Supreme Court's frequently-criticized decision in Brulotte v. Thys Co., 379 U.S. 29, 85 S.Ct. 176, 13 L.Ed.2d 99 (1964). In Brulotte, the Court held that a patent licensing agreement requiring a licensee to make royalty payments beyond the expiration date of the underlying patent was unenforceable because it represented an improper...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases