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Bryan Nese is an Intellectual Property associate in Mayer Brown's Washington DC office. His practice focuses on patent litigation, both in district court and at the International Trade Commission (ITC). In addition to being a crucial part of trial teams before juries and at the ITC, Bryan has experience crafting claim construction briefs and dispositive motions, preparing corporate witnesses for and taking depositions and assisting in all aspects of discovery.

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In Kimble v. Marvel Entertainment, LLC the US Supreme Court, while acknowledging the criticism of other judges and scholars, chose to uphold the long-standing rule in Brulotte v. Thys Co., 379 U.S. 29 (1964), that renders unenforceable an agreement requiring payment of royalties for a patent after that patent expires. While Brulotte remains good law, Kimble enumerates several Supreme Court-sanctioned workarounds for parties seeking to extend royalty fee payments beyond the life of a patent.
Continue Reading US Supreme Court Leaves Ban on Post-Expiration Royalties Intact But Confirms How to Escape Its Web