As the patent neared the
end of its statutory 20-year term, Marvel discovered Brulotte v. Thys
Co., 379 U. S. 29, in which this Court held that a patentee cannot
continue to receive royalties for sales made after his patent expires.
Marvel then sought a declaratory judgment in federal district court
confirming that it could stop paying Kimble royalties. The district
court granted relief, and the Ninth Circuit affirmed. Kimble now
asks this Court to overrule Brulotte