Los Angeles, CA – April 3, 2015 –
On March 31, 2015, Roman Melnik, of Lowenstein & Weatherwax, argued before the United States Supreme Court in the case Kimble v. Marvel Enterprises, Inc., urging the Justices to overturn the half-century-old precedent of Brulotte v. Thys Co. The Brulotte case, which has long attracted widespread criticism, imposes a per se prohibition against enforcement of royalty obligations based on patent license agreements if the licensed patent rights have expired. L&W LLP’s petition, on behalf of petitioners Stephen Kimble and Robert Michael Grabb, has received support from a wide variety of amici, including research institutions, distinguished scholars and trade associations. The transcript of oral argument is available here, and the audio recording is available here. A decision is expected by early June.