Skip to main content

Library: Opinions

 All Good Things Must Come to an End: Kimble v Marvel
All Good Things Must Come to an End: Kimble v Marvel

Kimble v. Marvel Entertainment, LLC, 135 S. Ct. 2401 (2015). Kimble evaluates whether a patent owner can collect any kind of patent royalty (e.g., royalty under a license or royalty for an assignment) for activity occurring after a patent expires. ...

 Joint Owners who Fight over Ownership and Use of Joint Research.
Joint Owners who Fight over Ownership and Use of Joint Research.

Joint development research often results in the joint creation of an invention. In the patent world, this makes the creators not just joint inventors, but also joint owners of that invention. The provisions of 35 U.S.C. § 262 expressly state that ...

 Patent Exhaustion: Outcomes are hard to predict.
Patent Exhaustion: Outcomes are hard to predict.

The Supreme Court emphasizes the importance of preserving the sanctity of stare decisis to guide judicial decisions. See Kimble v. Marvel Entertainment, LLC, 135 S. Ct. 2401 (2015). Yet, cases in the area of patent exhaustion appear to lose sight of ...

 Pitfalls under the Repair v Reconstruction Doctrine
Pitfalls under the Repair v Reconstruction Doctrine

The repair v. reconstruction doctrine (RRD) also limits patent scope. You are significantly impacted by the RRD if you sell patented items, such as capital equipment, for which there is a sizeable used equipment or repair markets. You also are ...