Patents at the US Supreme Court

Today, the United States Supreme Court heard oral arguments (link) on two patent cases:

  • Commil USA v. Cisco Systems (13-896) relating to whether a defendant’s belief that a patent is invalid is a defence to induced infringement; and
  • Kimble v. Marvel Enterprises  (13-720) relating to whether the 1964 decision in Brulotte which held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se“, should be overruled.