Legal Opinion

Kimble v. Marvel Entertainment, LLC

Supreme Court of the United States

Decided June 22, 2015No. 13-720PublishedCited by 286 opinions

1Opinion of the CourtJustice Kagan

In Brulotte v. Thys Co., 379 U.S. 29 , 85 S.Ct. 176 , 13 L.Ed.2d 99 (1964), this Court held that a patent holder cannot charge royalties for the use of his invention after its patent term has expired. The sole question presented here is whether we should overrule Brulotte . Adhering to principles of stare decisis, we decline to do so. Critics of the Brulotte rule must seek relief not from this Court but from Congress.

I

In 1990, petitioner Stephen Kimble obtained a patent on a toy that allows children (and young-at-heart adults) to role-play as "a spider person" by shooting webs-really,…

Also in this document: Dissent.

2Cases cited35 opinions

  1. Pearson v. CallahanSupreme Court of the United States · 2009
  2. Alleyne v. United StatesSupreme Court of the United States · 2013
  3. Payne v. TennesseeSupreme Court of the United States · 1991
  4. Patterson v. McLean Credit UnionSupreme Court of the United States · 1989
  5. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969

30 more not listed; retrieve them via the Exa API.

3Cited by286 opinions

  1. Ramos v. LouisianaSupreme Court of the United States · 2020
  2. Kisor v. WilkieSupreme Court of the United States · 2019
  3. Knick v. Township of ScottSupreme Court of the United States · 2019
  4. Shinn v. Martinez RamirezSupreme Court of the United States · 2022
  5. Dobbs v. Jackson Women's Health OrganizationSupreme Court of the United States · 2022

281 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API