Should a Royalty Agreement Exceed the Life of a Patent?
Professor Greg Dolin of the University of Baltimore School of Law discusses the dispute in Kimble v. Marvel, a case argued before the Supreme Court in March. Petitioner Kimble invented and patented a toy. Respondent Marvel contractually agreed to pay royalties on that patent that included a period of time after the expiration of the patent. The Court is being asked to overrule a precedent dating back to 1964 which held such agreements to be unlawful per se.
Should a Royalty Agreement Exceed the Life of a Patent?, Educational Video, Federalist Society (May 12, 2015)