Jul

    Kimble v. Marvel: What Does It Mean for Patent licensing, patent misuse, and antitrust?

    12 PM EDT

    In Kimble v. Marvel, the Supreme Court reaffirmed its oft-criticized holding in Brulotte v. Thys Co. that charging post-expiration patent royalties is per se misuse.  In doing so, the Court distinguished between patent and antitrust precedent, holding that interpretations of the Patent Act enjoy a “superpowered form of stare decisis.”  What does Kimble mean for patent licensing?  Will it change the lower court tendency to import antitrust principles into the patent misuse doctrine?  Will Kimble have spillover effects into other areas of patent law?

    Come hear from counsel who argued the case before the Supreme Court as well as color commentary from two leading experts. 


    Speakers:
    *Sean Gates, Morrison & Foerster LLP
    *Roman Melnik, Lowenstein & Weatherwax LLP (counsel for petitioners)
    *Thomas Saunders, Wilmer Cutler Pickering Hale & Dorr LLP (counsel for respondent)
    *Joanna Tsai, Charles River Associates


    FREE:  Antitrust Section Members, Government, Non-profit Employees, Students
    $25 Other Non-Members

    Explore Section benefits or call 1-800-285-2221 to join. Code RAT14IP25.   For this and all upcoming events visit http://AmBar.org/ATEvents.
     
    CLE
    The ABA is not seeking CLE credit for this program.

    Audio Archive
    Provided all releases are obtained, MP3 recordings of this program will be available to Section members on the Committee Program Audio page.

     

     

     

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    Kimble v. Marvel: What Does It Mean for Patent licensing, patent misuse, and Antitrust?

    Event Details

    Format

    Teleconference

    Date

    Jul 09, 2015

    2015-07-09T12:00:00-04:00 2015-07-09T13:15:00-04:00 Kimble v. Marvel: What Does It Mean for Patent licensing, patent misuse, and antitrust?

    In Kimble v. Marvel, the Supreme Court reaffirmed its oft-criticized holding in Brulotte v. Thys Co. that charging post-expiration patent royalties is per se misuse.  In doing so, the Court distinguished between patent and antitrust precedent, holding that interpretations of the Patent Act enjoy a “superpowered form of stare decisis.”  What does Kimble mean for patent licensing?  Will it change the lower court tendency to import antitrust principles into the patent misuse doctrine?  Will Kimble have spillover effects into other areas of patent law?

    Come hear from counsel who argued the case before the Supreme Court as well as color commentary from two leading experts. 


    Speakers:
    *Sean Gates, Morrison & Foerster LLP
    *Roman Melnik, Lowenstein & Weatherwax LLP (counsel for petitioners)
    *Thomas Saunders, Wilmer Cutler Pickering Hale & Dorr LLP (counsel for respondent)
    *Joanna Tsai, Charles River Associates


    FREE:  Antitrust Section Members, Government, Non-profit Employees, Students
    $25 Other Non-Members

    Explore Section benefits or call 1-800-285-2221 to join. Code RAT14IP25.   For this and all upcoming events visit http://AmBar.org/ATEvents.
     
    CLE
    The ABA is not seeking CLE credit for this program.

    Audio Archive
    Provided all releases are obtained, MP3 recordings of this program will be available to Section members on the Committee Program Audio page.

     

     

     

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    Intellectual Property

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