Supreme Court rules Spider-Man toy royalties belong to Marvel Enterprises, not inventor
The Supreme Court — and Justice Elena Kagan in particular — had some fun with the Kimble v. Marvel case, but have ultimately ruled that the inventor of Spider-Man cannot collect royalties for the Marvel Enterprises' Web Blaster toy due to his expired patent. The ruling upheld a precedent set by an older case, Brulotte v. Thys Co., and, according to the court, it was up to Congress to decide if royalties should be allowed to accrue after a patent expires.
Kagan, a self-described "avid comic book fan" whose favorite movie is The Avengers, wrote the opinion. "Patents endow their holders with certain superpowers, but only for a limited time," she cautioned.
The ruling was favored by six, with three justices dissenting.
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Jeva Lange was the executive editor at TheWeek.com. She formerly served as The Week's deputy editor and culture critic. She is also a contributor to Screen Slate, and her writing has appeared in The New York Daily News, The Awl, Vice, and Gothamist, among other publications. Jeva lives in New York City. Follow her on Twitter.
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