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Dunlap Codding Director Jordan A. Sigale Quoted in Articles Analyzing the U.S. Supreme Court’s Ruling in Kimble v. Marvel

Jordan A. Sigale was quoted in Donna Young’s recent article in Scrip Intelligence, “Patent ‘superpowers’ time limits upheld:  Biopharma implications.”  Young wrote that Kimble v. Marvel  “may help patent holders and those that enter into licensing rights deals, including biopharmaceutical makers, better understand and be more aware of a nearly half-century old case law rule.”  

The U.S. Supreme Court, in a split decision, declined to overturn the 1964 standard set in Brulotte v. Thyswhich ruled that patent holders cannot demand royalties for the use of their inventions after the patent terms have expired. 

Sigale said, “Big biopharmaceutical firms are well-represented in patent law and intellectual property matters, so they already know their way around the Brulotte rule….If anything, the Supreme Court’s ruling in the Marvel case makes it clearer the Brulotte rule is narrow and that there are ways to draft around it….But for those who are unsophisticated about Brulotte, the opinion is unfortunate….It would be much better to knock out this rule.  It doesn’t make economic sense…and any standard that gives the advantage to those who can afford the best legal representation is bad for society.”

 Ryan Davis, writing for Law360, on June 22, 2015, also quoted Sigale.  Davis wrote, “The Kimble case arose because neither party knew about the [Brulotte] rule when Marvel agreed to license Kimble’s patent for use in a Spider-Man Web Blaster toy in perpetuity.”  Sigale was quoted as saying, “The decision explains that the Brulotte rule really is as narrow as we thought it was….If you make it clear there are no royalties for the patent after it expires, you can do anything you want.”  

“Sigale said it was helpful that the court expressly gave its blessing to later payments of royalties accrued during the life of the patent,” said Davis.  Sigale said, “Before today, people were a little nervous that the court would say that’s just putting form over substance.”


DC On Film Row

About DC on Film Row

DC on Film Row is a free event space open to everyone in our community.

We like to say that the space is a “home for creatives and innovators, home builders and the homeless, celebrators and the celebrated” so people understand that we are inclusive and want everyone from throughout our community using our space.

Our goal is to celebrate the incredible diversity of creativity, innovation, and passion within Oklahoma City and to provide a venue—free of charge—to those groups and individuals working to bind us all together and make our home a cooler and better place. No strings attached—no extensive rules to follow. We simply ask that all of our neighbors be honored and that all viewpoints be respected. Our criteria for use is simple: If the event, group, or meeting is something which strengthens our community and brings us all together, the space is available for use.

The space has hosted everything from charitable fundraisers to an underground nightclub party to celebrate Canterbury Choral Society’s 45th anniversary season. We host dinners for the OKC homeless population most Monday evenings where upwards of 250 people are served—we provide the space and soft drinks and a local church provides the food. We’ve hosted university planning retreats and monthly local rock concerts.

Every Wednesday, we open up the courtyard for lunch, invite a local food truck to set up outside our gates, and welcome our downtown neighbors into the space for a bit of socialization.

Our never-ending soda fountain seems to be the biggest hit with some of our neighbors while others spend time playing pool or simply chatting about what is happening on the weekend.

For October we turn the space into a haunted house and invite the neighborhood children to come out and trick-or-treat.

Got an idea for how to use the space? Just ask us – we’re almost certain to say yes!

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