As a community service, an educational series by the

IP and Business Law Offices of Howard L. Hoffenberg, Esq.

Copyright 2010 The IP and Business Law Offices of Howard L. Hoffenberg, Esq. All Rights Reserved.

Return to Index of Tour of US Supreme Court Patent Cases from 1961 to 1999

HOLDING: (1) A patent owner can exact royalties as high as can be negotiated with the leverage of the patent. (2) The leverage of the patent monopoly cannot be used to extend the patent and a patented invention becomes public property when the patent expires. (3) Royalty payments beyond the life of the patent are unlawful per se; however, where multiple patents cover a device, averaging is permitted to allow collection of a royalty until the last patent expires. (4) Purchasing unpatented goods over time involves separate considerations.

BRULOTTE v. THYS CO., 379 U.S. 29 (November 16, 1964)

 

FACTS: Patentee sold hop-picking machines covered by 7 patents for a flat sum and an annual royalty. The royalty payments extended beyond the expiration of the last patent. The terms prohibit assignment or relocation of the machines.

Tour of US Supreme Court Patent Cases from 1961 to 1999

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A Fast and Easy Way to Learn the High Points of Patent Law and Related Anti-trust Law

Community Service and

Pro Bono

In addition to this education series, Mr. Hoffenberg gives of his time to benefit the community and contribute to the quality justice in the State of California. For many years, he served as a volunteer pro tem in the Municipal Court in traffic, landlord-tenant, small claims and short cause matters. Currently, Mr. Hoffenberg serves as a volunteer arbitrator for the Dispute Resolution Service in attorney-client fee disputes and as a quasi-volunteer mediator in the Court of Appeals.