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Considering The Status Of The US Doctrine Of Patent Misuse

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Law360

Ten years have passed since the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment LLC, which affirmed the principle established in Brulotte v. Thys in 1964, that payment of post-patent-expiration royalty payments amounts to patent misuse under the U.S. patent misuse doctrine.

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