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Will the Supreme Court Remove <i>Brulotte</i>'s Shadow Over Patent Licensing?

By Sean Gates and Jeny Maier
January 31, 2015

Part One, last month, set the stage for a possible overruling by the U.S. Supreme Court of its 1964 ruling in Brulotte v. Thys Co. that the collection of royalties after a patent's expiration constitutes per se patent misuse by looking at the case's critics and its impact on licensing over the last 50 years. In Part Two, the authors continue that discussion and look at the arguments made to the Supreme Court for and against overruling the case.

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