The petitioner's reply brief in Kimble v. Marvel Enterprises--the case in which the Supreme Court has been asked to overrule its 1964 decision in Brulotte v. Thys holding agreements to pay postexpiration patent royalties per se unenforceable--has been filed and is available here. From the introduction:
At bottom, Marvel and the government each invite this Court to retain a per se rule that makes no economic sense and hampers innovation on the basis of a formalistic and cropped view of patent policy that itself does not survive closer examination. Brulotte should be overruled.
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