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With Kimble v. Marvel Entertainment, LLC , the U.S. Supreme Court upheld the controversial Brulotte v.Thys Co. decision, which prohibited collection of patent-based royalties that accrue after patent expiration. The Court expressly supported alternative licensing terms and business arrangements to...

Saul Ewing’s Casey Grabenstein and Andrew Schwerin write that courts are divided on whether plaintiff bias justifies discovery about litigation funding. They argue litigation funding wouldn’t often create a conflict of interest for a plaintiff.

Expert Opinion Seen As Carrying The Day In Patent Scrum Between Ethicon, Intuitive Ethicon Endosurgery Inc. and Intuitive Surgical Inc. have been sparring in the courts over patents for robot surgery systems for some time, and the U.S. Court of Appeals for the Federal Circuit has ruled on yet...