Supreme Court rules Spider-Man toy royalties belong to Marvel Enterprises, not inventor

Spiderman
(Image credit: Brad Barket/Getty Images)

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.

See more

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.

Subscribe to The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE
https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

Sign up
To continue reading this article...
Continue reading this article and get limited website access each month.
Get unlimited website access, exclusive newsletters plus much more.
Cancel or pause at any time.
Already a subscriber to The Week?
Not sure which email you used for your subscription? Contact us
Jeva Lange

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.