Kimble v. Marvel Enterprises, Inc.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
13-720 9th Cir. TBD TBD TBD TBD TBD

Issue: Whether this Court should overrule Brulotte v. Thys Co., which held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.” CVSG: 10/30/2014.

SCOTUSblog Coverage

DateProceedings and Orders
Sep 23 2013Application (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.
Sep 27 2013Application (13A304) granted by Justice Kennedy extending the time to file until December 13, 2013.
Dec 13 2013Petition for a writ of certiorari filed. (Response due January 16, 2014)
Jan 13 2014Waiver of right of respondent Marvel Enterprises, Inc. to respond filed.
Jan 15 2014Brief amici curiae of Center for Intellectual Property Research of the Indiana University Maurer School of Law, et al. filed.
Jan 22 2014DISTRIBUTED for Conference of February 21, 2014.
Jan 23 2014Response Requested . (Due February 24, 2014)
Feb 12 2014Order extending time to file response to petition to and including March 26, 2014.
Feb 18 2014Order further extending time to file response to petition to and including March 27, 2014.
Feb 24 2014Brief amici curiae of Memorial Sloan-Kettering Cancer Center, et al. filed.
Feb 24 2014Brief amicus curiae of The Intellectual Property Law Association of Chicago filed.
Mar 12 2014Order further extending time to file response to petition to and including April 23, 2014.
Apr 23 2014Brief of respondent Marvel Enterprises, Inc. in opposition filed.
May 12 2014Reply of petitioners Stephen Kimble, et al. filed.
May 13 2014DISTRIBUTED for Conference of May 29, 2014.
Jun 2 2014The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Oct 30 2014Brief amicus curiae of United States filed.
Nov 18 2014Supplemental brief of petitioners Stephen Kimble, et al. filed. (Distributed)
Nov 19 2014DISTRIBUTED for Conference of December 5, 2014.
 
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