United States Supreme Court
BRULOTTE v. THYS CO., (1964)
Argued: Decided: February 17, 1964
Edward S. Irons, for petitioners.
George W. Wilkins, for respondent.
Petition for writ of certiorari to the Supreme Court of Washington granted limited to Questions 1 and 2 presented by the petition which read as follows:
'1. Whether it is a misuse to include in a license agreement a provision which perpetuates the monopoly of a licensed patent by a requirement that royalties be paid for the use of the invention after the patent has expired and the invention had been dedicated to the public.
'2. Whether it is a misuse or an antitrust violation to include in a license agreement a provision which extends the monopoly of a patent to unpatented subject matter by a provision which requires the payment of post-expiration royalties.'
The case is placed on the summary calendar.[ Brulotte v. Thys Co.