BRULOTTE v. THYS CO.

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United States Supreme Court

BRULOTTE v. THYS CO., (1964)

No. 707

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. 376 U.S. 905 (1964) ]

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