Beyond Hybrid Licenses – Strategies for Post Patent Expiration Payments in the United States
les Nouvelles - Journal of the Licensing Executives Society, Volume LII No. 1, March 2017
6 Pages Posted: 4 Mar 2017
Date Written: February 13, 2017
The recent US Supreme Court decision in Kimble v Marvel confirmed that royalty payments based on post-patent expiration sales violate US patent laws and the Court’s often criticized 1964 Brulotte decision. Fortunately, several alternatives exist for structuring deals that can extend payments beyond the expiration of a patent for a license that existed during the patent term. This article explores those alternatives and proposes strategies that address the needs of business while complying with the patent laws.
Keywords: Kimble v Marvel, US supreme court, 1964 brulotte, patent terms
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