Kimble v. Marvel Enterprises: Can Royalties be Required After a Patent has Expired?

In Kimble v. Marvel Enterprises, No. 13-720 (2015), the U.S. Supreme Court will decide whether to overrule Brulotte v. Thys Co., 379 U.S. 29 (1964) in which the Court held that patentees may not collect royalties for use of a patent occurring after the patent’s expiration. In Brulotte, the Supreme...
Read More

Means-plus-function Elements Lacking the Term “Means”

A claim element that is described in terms of its function may be subject to interpretation under 35 U.S.C. § 112(f).  §112(f) defines a specific claim form known as “means-plus-function.”  The scope of a means-plus-function claim is limited to the structures disclosed in the written descrip...
Read More