In C.R. Bard, Inc. v. Atrium Medical Corp., in a per curiam opinion, the US Court of Appeals for the Ninth Circuit reversed the decision of the US District Court for the District of Arizona and clarified that the application of the US Supreme Court’s decision in Brulotte v. Thys Co. prohibiting patent holders from contracting for royalties on use of a patented invention after expiration of the patent is a question of law.
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Brulotte Rule on Post-Expiration Patent Royalties Is Question of Law: Ninth Circuit
