The US Supreme Court continues to follow stare decisis on the outdated Brulotte rule, but notes work-arounds on same

By Macedo, C. R., Goldberg, D. P., Wong, A.

The US Supreme Court declined to overrule its precedent in Brulotte v Thys Co., 379 US 29 (1964), which prohibits patent royalty payments for activities continuing after the expiration of the patent term. However, the court did specify several methods by which parties to a patent royalty agreement can work …read more

Source:: Journal of Intellectual Property Law & Practice