L&W’s Roman Melnik Quoted in Articles About Supreme Court’s Reconsideration of Per Se Post-Expiration Royalty Prohibitions

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L&W’s Roman Melnik Quoted in Articles About Supreme Court’s Reconsideration of Per Se Post-Expiration Royalty Prohibitions

December 12, 2014

Roman Melnik, of counsel to L&W, was quoted in an article published on December 12, 2014, by Law 360, “High Court To Reconsider Ban on Expired Patent Royalties,” by Ryan Davis.  L&W is counsel for petitioners in Kimble v. Marvel Enterprises, Inc., No. 13-720, a case the United States Supreme Court will hear in 2015 challenging its 50-year old decision in Brulotte v. Thys, which banned the enforcement of royalty obligations in patent licenses after the patent expires.  Mr. Melnik, who is lead counsel in the case, explained that the Brulotte rule “has, for 50 years, damaged the American economy by forbidding licensing practices that would provide unique pro-competitive benefits,” and “should be resigned to the dust heap of history.”  Similarly, Mr. Melnik was quoted the same day in an article about Kimble by Scott Flaherty in The Litigation Daily, “Wilmer's Waxman To Take on Spider-Man Toy Inventor in Marvel Royalties Row.”