Editor's Note :
In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.
Kimble v. Marvel Enterprises, Inc.
Op. Below Argument
Issue: Whether this Court should overrule , which held that “a patentee’s use of a royalty
agreement that projects beyond the expiration date of
the patent is unlawful per se.” Brulotte v. Thys Co.
Date Proceedings and Orders Sep 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. Sep 27 2013 Application (13A304) granted by Justice Kennedy extending the time to file until December 13, 2013. Dec 13 2013 Petition for a writ of certiorari filed. (Response due January 16, 2014) Jan 13 2014 Waiver of right of respondent Marvel Enterprises, Inc. to respond filed. Jan 15 2014 Brief amici curiae of Center for Intellectual Property Research of the Indiana University Maurer School of Law, et al. filed. Jan 22 2014 DISTRIBUTED for Conference of February 21, 2014. Jan 23 2014 Response Requested . (Due February 24, 2014) Feb 12 2014 Order extending time to file response to petition to and including March 26, 2014. Feb 18 2014 Order further extending time to file response to petition to and including March 27, 2014. Feb 24 2014 Brief amici curiae of Memorial Sloan-Kettering Cancer Center, et al. filed. Feb 24 2014 Brief amicus curiae of The Intellectual Property Law Association of Chicago filed. Mar 12 2014 Order further extending time to file response to petition to and including April 23, 2014. Apr 23 2014 Brief of respondent Marvel Enterprises, Inc. in opposition filed. May 12 2014 Reply of petitioners Stephen Kimble, et al. filed. May 13 2014 DISTRIBUTED for Conference of May 29, 2014. Jun 2 2014 The Solicitor General is invited to file a brief in this case expressing the views of the United States.