Kimble v. Marvel Enterprises, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-720 | 9th Cir. | Mar 31, 2015 | Jun 22, 2015 | 6-3 | Kagan | OT 2014 |
Holding: The Court declined to overrule its 1964 decision in Brulotte v. Thys Co., holding that a patent holder cannot charge royalties for the use of his invention after its patent term has expired.
Judgment: Affirmed, 6-3, in an opinion by Justice Kagan on June 22, 2015. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined.
SCOTUSblog Coverage
- Opinion analysis: Justices stick with prohibition of royalties on expired patents (Ronald Mann, June 23, 2015)
- A view from the Courtroom: A web of intrigue as the Term winds down (Mark Walsh, June 22, 2015)
- Argument analysis: Justices apparently dubious about overturning long-standing precedent on patent misuse (Ronald Mann, April 2, 2015)
- Argument preview: Justices to consider overruling long-standing precedent on patent misuse (Ronald Mann, March 26, 2015)
- Court to look again at juvenile life sentences (Lyle Denniston, December 12, 2014)
- Is the Patent Act more like the Sherman Act or the securities laws? (Ronald Mann, December 4, 2014)
- Petition of the day (Maureen Johnston, November 11, 2014)
| Date | Proceedings and Orders |
|---|---|
| 09/23/2013 | Application (13A304) to extend the time to file a petition for a writ of certiorari from October 14, 2013 to December 13, 2013, submitted to Justice Kennedy. |
| 09/27/2013 | Application (13A304) granted by Justice Kennedy extending the time to file until December 13, 2013. |
| 12/13/2013 | Petition for a writ of certiorari filed. (Response due January 16, 2014) |
| 01/13/2014 | Waiver of right of respondent Marvel Enterprises, Inc. to respond filed. |
| 01/15/2014 | Brief amici curiae of Center for Intellectual Property Research of the Indiana University Maurer School of Law, et al. filed. |
| 01/22/2014 | DISTRIBUTED for Conference of February 21, 2014. |
| 01/23/2014 | Response Requested . (Due February 24, 2014) |
| 02/12/2014 | Order extending time to file response to petition to and including March 26, 2014. |
| 02/18/2014 | Order further extending time to file response to petition to and including March 27, 2014. |
| 02/24/2014 | Brief amici curiae of Memorial Sloan-Kettering Cancer Center, et al. filed. |
| 02/24/2014 | Brief amicus curiae of The Intellectual Property Law Association of Chicago filed. |
| 03/12/2014 | Order further extending time to file response to petition to and including April 23, 2014. |
| 04/23/2014 | Brief of respondent Marvel Enterprises, Inc. in opposition filed. |
| 05/12/2014 | Reply of petitioners Stephen Kimble, et al. filed. |
| 05/13/2014 | DISTRIBUTED for Conference of May 29, 2014. |
| 06/02/2014 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 10/30/2014 | Brief amicus curiae of United States filed. |
| 11/18/2014 | Supplemental brief of petitioners Stephen Kimble, et al. filed. (Distributed) |
| 11/19/2014 | DISTRIBUTED for Conference of December 5, 2014. |
| 12/08/2014 | DISTRIBUTED for Conference of December 12, 2014. |
| 12/12/2014 | Petition GRANTED. |
| 01/20/2015 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including January 28, 2015. |
| 01/26/2015 | Joint appendix filed. (Statement of costs filed) |
| 01/28/2015 | Brief of petitioners Stephen Kimble, et al. filed. |
| 02/02/2015 | SET FOR ARGUMENT ON Tuesday, March 31, 2015 |
| 02/03/2015 | Record requested from U.S.C.A. 9th Circuit. |
| 02/03/2015 | Brief amicus curiae of Association of the Bar of the City of New York in support of neither party filed. |
| 02/03/2015 | Record from U.S.C.A. 9th Circuit is electronic and located on PACER. |
| 02/04/2015 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| 02/04/2015 | Brief amicus curiae of Licensing Executives Society (U.S.A. and Canada), Inc. in support of neither party filed. |
| 02/04/2015 | Brief amicus curiae of University of Massachusetts Biologic Laboratories filed. |
| 02/04/2015 | Brief amicus curiae of BioTime, Inc. filed. |
| 02/04/2015 | Brief amici curiae of Professor Robin Feldman, et al. in support of neither party filed. |
| 02/04/2015 | Brief amici curiae of the Intellectual Property Law Association of Chicago in support of neither party filed. |
| 02/04/2015 | Brief amicus curiae of Intellectual Property Owners Association filed. |
| 02/04/2015 | Brief amicus curiae of New York Intellectual Property Law Association ("NYIPLA") filed. |
| 02/04/2015 | Brief amici curiae of Center for Intellectual Property Research of the Indiana University Maurer School of Law, et al. filed. |
| 02/04/2015 | Brief amici curiae of Memorial Sloan-Kettering Cancer Center, et al. filed. |
| 02/12/2015 | CIRCULATED |
| 02/27/2015 | Brief of respondent Marvel Enterprises, Inc. filed. (Distributed) |
| 03/04/2015 | Brief amicus curiae of Nautilus, Inc. filed. (Distributed) |
| 03/04/2015 | Brief amicus curiae of Public Knowledge filed. (Distributed) |
| 03/06/2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 03/06/2015 | Brief amicus curiae of United States filed. (Distributed) |
| 03/06/2015 | Proposal to lodge copies of two letters from counsel for petitioners. |
| 03/06/2015 | Brief amicus curiae of William Mitchell College of Law Intellectual Property Institute filed. (Distributed) |
| 03/06/2015 | Brief amicus curiae of Washington Legal Foundation filed. (Distributed) |
| 03/09/2015 | Letter from counsel for respondent opposing petitioner's lodging proposal. |
| 03/20/2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 03/24/2015 | Reply of petitioners Stephen Kimble, et al. filed. (Distributed) |
| 03/31/2015 | Argued. For petitioners: Roman Melnik, Los Angeles, Cal. For respondent: Thomas G. Saunders, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 06/22/2015 | Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Scalia, Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas, J., joined. |
| 07/24/2015 | JUDGMENT ISSUED. |