Upcoming Supreme Court IP Cases Will Have Big Impact

Two cases pending before the Supreme Court, each expected to have a significant impact on patent holders and patent valuations, were analyzed in a Today’s General Counsel article by Makan Delrahim and Cara Crowley-Weber, from the Brownstein Hyatt Farber Schreck law firm. The first case, CommilUSA, LLC v. Cisco Systems, Inc., concerns induced patent infringement. The second, Kimble v. Marvel Enterprises, Inc., deals with the issue of enforceability of a license requiring royalty payments after patent expiration. Kimble will be especially important for any IP-based business if the Court decides to overturn a key long-standing precedent, Brulotte v. Thys Co.