Brulotte v. Thys Co.
| Brulotte v. Thys Co. | |
|---|---|
| Argued October 20, 1964 Decided November 16, 1964 | |
| Full case name | Brulotte, et al. v. Thys Co. |
| Citations | 379 U.S. 29 (more) |
| Case history | |
| Prior | Thys Co. v. Brulotte, 62 Wn.2d 284, 382 P.2d 271 (1963); cert. granted, 376 U.S. 905 (1964). |
| Court membership | |
| |
| Case opinions | |
| Majority | Douglas, joined by Warren, Black, Clark, Brennan, Stewart, White, Goldberg |
| Dissent | Harlan |
Brulotte v. Thys Co., 379 U.S. 29 (1964), was a Supreme Court of the United States decision holding that a contract calling for payment of patent royalties after the expiration of the licensed patent was misuse of the patent right and unenforceable under the Supremacy Clause, state contract law notwithstanding. The decision was widely subjected to academic criticism but the Supreme Court has rejected that criticism and reaffirmed the Brulotte decision in Kimble v. Marvel Entertainment, LLC.