Spiderman Toy Maker Gets Tangled by Ninth Circuit Royalty Decision | Practical Law

Spiderman Toy Maker Gets Tangled by Ninth Circuit Royalty Decision | Practical Law

The US Court of Appeals for the Ninth Circuit in Kimble v. Marvel Enterprises Inc. held that a license agreement encompassing inseparable patent and non-patent rights must provide a discounted royalty rate after the underlying patent's expiration date unless there is some other clear indication that the contested royalty is not subject to the patent.

Spiderman Toy Maker Gets Tangled by Ninth Circuit Royalty Decision

Practical Law Legal Update 9-534-6902 (Approx. 4 pages)

Spiderman Toy Maker Gets Tangled by Ninth Circuit Royalty Decision

by Practical Law Intellectual Property & Technology
Published on 17 Jul 2013USA (National/Federal)
The US Court of Appeals for the Ninth Circuit in Kimble v. Marvel Enterprises Inc. held that a license agreement encompassing inseparable patent and non-patent rights must provide a discounted royalty rate after the underlying patent's expiration date unless there is some other clear indication that the contested royalty is not subject to the patent.