High Court Could End Long Ban On Expired-Patent Royalties

March 27, 2015 – In The News

James Singer was quoted in the Law360 article, “High Court Could End Long Ban On Expired-Patent Royalties.” Full text can be found in the March 27, 2015, issue, but a synopsis is below.

In a move that attorneys say could reshape patent licensing negotiations, the U.S. Supreme Court could soon hear arguments in a case that could discard a 50-year-old rule banning royalty agreements that continue after a patent expires.

How the court decides will have an impact on all patent licensing negotiations going forward, said Jim Singer, so attorneys will need to pay close attention to the case.

Singer noted he would be very interested to see whether the court simply rules that post-expiration royalty agreements are legal or that they are not, or whether it will specify certain conditions in which such agreements are legal.

"If they don't overrule it completely, the question becomes, will they scale it back a bit?" he said.