Kimble v. Marvel Enterprises, Inc.
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 Elena Kagan on Jun 22, 2015. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined.
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.
Dec 8, 2014DISTRIBUTED for Conference of December 12, 2014.
Dec 12, 2014Petition GRANTED.
Jan 20, 2015The time to file the joint appendix and petitioners' brief on the merits is extended to and including January 28, 2015.
Jan 26, 2015Joint appendix filed. (Statement of costs filed)Jan 28, 2015Brief of petitioners Stephen Kimble, et al. filed.
Feb 2, 2015SET FOR ARGUMENT ON Tuesday, March 31, 2015
Feb 3, 2015Record requested from U.S.C.A. 9th Circuit.
Feb 3, 2015Brief amicus curiae of Association of the Bar of the City of New York in support of neither party filed.Feb 3, 2015Record from U.S.C.A. 9th Circuit is electronic and located on PACER.
Feb 4, 2015Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Feb 4, 2015Brief amicus curiae of Licensing Executives Society (U.S.A. and Canada), Inc. in support of neither party filed.
Feb 4, 2015Brief amicus curiae of University of Massachusetts Biologic Laboratories filed.
Feb 4, 2015Brief amicus curiae of BioTime, Inc. filed.
Feb 4, 2015Brief amici curiae of Professor Robin Feldman, et al. in support of neither party filed.
Feb 4, 2015Brief amici curiae of the Intellectual Property Law Association of Chicago in support of neither party filed.Feb 4, 2015Brief amicus curiae of Intellectual Property Owners Association filed.
Feb 4, 2015Brief amicus curiae of New York Intellectual Property Law Association ("NYIPLA") filed.
Feb 4, 2015Brief amici curiae of Center for Intellectual Property Research of the Indiana University Maurer School of Law, et al. filed.
Feb 4, 2015Brief amici curiae of Memorial Sloan-Kettering Cancer Center, et al. filed.
Feb 12, 2015CIRCULATED
Feb 27, 2015Brief of respondent Marvel Enterprises, Inc. filed. (Distributed)Mar 4, 2015Brief amicus curiae of Nautilus, Inc. filed. (Distributed)Mar 4, 2015Brief amicus curiae of Public Knowledge filed. (Distributed)Mar 6, 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 6, 2015Brief amicus curiae of United States filed. (Distributed)Mar 6, 2015Proposal to lodge copies of two letters from counsel for petitioners.Mar 6, 2015Brief amicus curiae of William Mitchell College of Law Intellectual Property Institute filed. (Distributed)Mar 6, 2015Brief amicus curiae of Washington Legal Foundation filed. (Distributed)Mar 9, 2015Letter from counsel for respondent opposing petitioner's lodging proposal.Mar 20, 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 24, 2015Reply of petitioners Stephen Kimble, et al. filed. (Distributed)Mar 31, 2015Argued. 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.)Jun 22, 2015Adjudged 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.
Jul 24, 2015JUDGMENT ISSUED.
Recommended Citation: Kimble v. Marvel Enterprises, Inc., SCOTUSblog, https://www.scotusblog.com/cases/kimble-v-marvel-enterprises-inc/