U.S. Supreme Court Grants L&W Clients’ Petition For Writ Of Certiorari

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U.S. Supreme Court Grants L&W Clients’ Petition For Writ Of Certiorari

December 12, 2014

On December 12, 2014, the United States Supreme Court granted a writ of certiorari to review Kimble v. Marvel Enterprises, Inc., case number 13-720, in which L&W represents petitioners Stephen Kimble and Robert Michael Grabb, owners of rights relating to a web-shooter toy that allows a child to role play as Spider-Man.  The question presented is whether the Supreme Court should overrule Brulotte v. Thys, its 1964 decision that held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.”  Lead counsel Roman Melnik and the other attorneys on L&W’s team were successful in convincing the Justices to take the case despite the U.S. Solicitor General’s recommendation that the petition be denied.