Supreme Court Docket Report - December 15, 2014

On Friday; the Supreme Court granted certiorari in three cases of interest to the business community:

• Patent Law—Enforceability of a Royalty Agreement Beyond the Patent Term
• Bankruptcy Code—Disposition of Funds Held By Chapter 13 Trustee After Conversion to Chapter 7
• Bankruptcy Code—Appealability of Order Denying Confirmation of Plan

Patent Law—Enforceability of a Royalty Agreement Beyond the Patent Term

In Brulotte v. Thys Co., 379 U.S. 29 (1964), the Supreme Court held that a patent licensing agreement is per se unenforceable to the extent that it requires the licensee to pay royalties after the patent expires. The Court reasoned that such an agreement is an impermissible effort to extend the patent beyond its term. In recent years, courts and commentators alike have criticized Brulotte, arguing that a private licensing agreement does not expand the monopoly rights of the patent in the marketplace. Today, the Court granted certiorari in Kimble v.