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MBHB Partner Patrick Gattari Co-Authors Article Entitled, "Beyond Hybrid Licenses – Strategies for Post Patent Expiration Payments in the United States"

McDonnell Boehnen Hulbert & Berghoff LLP partner Patrick Gattari co-authored an article entitled, “Beyond Hybrid Licenses – Strategies for Post Patent Expiration Payments in the United States” that appears in the March 4, 2017 online edition of the Journal of the Licensing Executives Society. The recent US Supreme Court decision in Kimble v Marvel confirmed that royalty payments based on post-patent expiration sales violate US patent laws and the Court’s often criticized 1964 Brulotte decision. Fortunately, several alternatives exist for structuring deals that can extend payments beyond the expiration of a patent for a license that existed during the patent term. This article explores those alternatives and proposes strategies that address the needs of business while complying with the patent laws. view the article