April 01, 2015

On March 31, 2015, Jenner & Block Partner Joshua M. Segal participated in a panel discussion on the Supreme Court’s Kimble v. Marvel Enterprises case as part of the Supreme Court Series hosted by the Program on Information Justice and Intellectual Property at American University’s Washington College of Law.  The case presents the question of whether the Court should overrule Brulotte v. Thys Co., which prohibits a patentee from collecting royalties based on use of the invention after the patent’s expiration date.  The discussion offered post-oral argument reflections on the case from counsel for the parties and for various amici.  Mr. Segal discussed the case from the perspective of the American Intellectual Property Law Association (AIPLA), on whose behalf the firm filed an amicus brief arguing that Brulotte should not be overruled.  Besides discussing the position that AIPLA took, Mr. Segal commented on what the oral argument suggested about how the various Justices were viewing the cases.  Others who worked on AIPLA’s brief were Partners Paul M. Smith and Paul D. Margolis and Associate Daniel T. Fenske.