On 22 June 2015, in a case involving the issue that whether the royalties to the Super-Man Toy’s inventor, Stephen Kimble should be continued to be paid by Marvel Worldwide Inc., the US Supreme Court quoted one of the famous lines from the Super-Man comic, “With great power there must also come – great responsibility”, as stated by Justice Elena Kagan.
By a majority of 6:3, the judgement was passed in the favour of Marvel. Stephen Kimble, after obtaining a patent for his web-shooting in 1991, sold a patent to Marvel a decade later, for receiving a royalty fee in return.
Later, in 2008, Stephen Kimble had claimed a breach of contract. In the instant case, on the expiry of patent of Spider-Man Web Blaster Toy, Kimble pleaded to over-rule the judgement of Brulotte v. Thys Co., 1964 which ruled that royalty fees need not be paid after the expiration of a patent.
For full judgement, click HERE
-By Roopali Mohan, 2nd Year, Vivekananda Institute of Professional Studies, New Delhi.
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