An Opportunity Missed?: Kimble v. Marvel Enterprises

Intellectual Property Practice Group Courthouse Steps Teleforum

In Kimble v. Marvel Enterprises, citing stare decisis, the Court held that a patent holder cannot charge royalties for the use of his invention after its patent term has expired. In so holding, the Court affirmed a 60 year-old case along the same lines. But in yesterday’s decision, three justices dissented, stating that “[t] he Court employs stare decisis, normally a tool of restraint, to reaffirm a clear case of judicial overreach.” Should the Court have reversed course?

• Prof. Gregory Dolin, Co-director, Center for Medicine and Law, University of Baltimore School of Law

In Kimble v. Marvel Enterprises, citing stare decisis, the Court held that a patent holder cannot charge royalties for the use of his invention after its patent term has expired. In so holding, the Court affirmed a 60 year-old case along the same lines. But in yesterday’s decision, three justices dissented, stating that “[t] he Court employs stare decisis, normally a tool of restraint, to reaffirm a clear case of judicial overreach.” Should the Court have reversed course?

• Prof. Gregory Dolin, Co-director, Center for Medicine and Law, University of Baltimore School of Law

Call begins at 1:00 p.m. Eastern Time.

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