Tuesday, March 31, 2015

U.S. Supreme Court Hearing Oral Argument in Two Patent Cases Today

Today as in, right now.  The first is Kimble v. Marvel Enterprises, where the question presented is "Whether this Court should overrule Brulotte v. Thys Co., which held that 'patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.'"  I've blogged about this case several times, most recently here, and will return later today if possible with some analysis of the oral argument.  The other case is Commil USA, LLC v. Cisco Systems, Inc., in which the question presented is "Whether the Federal Circuit erred in holding that a defendant's belief that a patent is invalid is a defense to induced infringement under 35 U.S.C. § 271(b)."  I mentioned this case in my blog post last week on Smith & Nephew v. Arthrex.  I predict a reversal in both cases, but will be interested to see how the oral argument proceeds.

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