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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.