Walter C. BRULOTTE et al., petitioners, v. THYS COMPANY.

United States Supreme Court

February 17, 1964

376 U.S. 905; 84 S.Ct. 666; 11 L.Ed.2d 605

Edward S. Irons, for petitioners.

George W. Wilkins, for respondent.

1

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:

2

'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.

3

'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.'

4

The case is placed on the summary calendar.