ARE Patent Law Alert:
Supreme Court Upholds Prior Precedent On Post-Expiration Royalty Payments

Kimble v. Marvel Entertainment, LLC, No. 13-720 (U.S. June 22, 2015) On June 22, 2015, the Supreme Court of the United States issued a decision in Kimble v. Marvel Entertainment, LLC, No. 13-720, slip op. (U.S. June 22, 2015), in which the Court declined to overrule its prior precedent in Brulotte v. Thys Co., 379 […]

ARE Patent Law Alert: U.S. Supreme Court Holds That Claim Construction Is A Question Of Law But Underlying Factual Questions Are Subject To Clear Error Review

On January 20, 2015, the U.S. Supreme Court in Teva Pharms. USA, Inc. v. Sandoz, Inc., No. 13-854, vacated and remanded the Federal Circuit’s judgment related to the meaning of the term “molecular weight” in the patent-at-issue.  The Supreme Court upheld its previous holding in Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996) that […]