WLF Urges High Court Not to Overturn 50-Year-Old Precedent Governing Patent Licensing Agreements

On March 6, 2015, Washington Legal Foundation (WLF) issued a statement urging the U.S. Supreme Court to resist calls to overturn its 1964 decision in Brulotte v. Thys Co., which established rules governing enforcement of contracts entered into between patent holders and licensees. WLF also filed a brief in Kimble v. Marvel Enterprises, Inc., arguing that parties have been relying on the Brulotte rule for more than 50 years when drawing up patent license agreements and that a decision overturning Brulotte would unnecessarily upset settled expectations.