| 翻訳と辞書 |
| Brulotte v. Thys Co. ： ウィキペディア英語版 |
Brulotte v. Thys Co.
''Brulotte v Thys Co.'', 379 U.S. 29 (1964), was a 1964 decision of the United States Supreme Court holding that a contract calling for payment of patent royalties after the expiration of the licensed patent was misuse of the patent right and unenforceable under the Supremacy Clause, state contract law notwithstanding. The decision was widely subjected to academic criticism but the Supreme Court has rejected that criticism and reaffirmed the ''Brulotte'' decision in ''Kimble v. Marvel'', 576 U.S. __, 135 S. Ct. 2401 (2015).
==Background==
Thys owned patents on hop-picking machinery. He sold a machine to Brulotte, a farmer in Washington, for $3000 and granted him a license to use the machine for a minimum royalty of $500 for each hop-picking season or $3.33 per 200 pounds of hops harvested by the machine, whichever was greater. The license had no termination date. Of the seven patents covering the machine, the last expired by 1957. Brulotte failed to pay the royalties and Thys sued him for breach of contract in Washington State court.〔379 U.S. at 29-30.〕
The trial court rendered judgment for Thys and the Supreme Court of Washington affirmed.〔62 Wash. 2d 284, 382 P.2d 271 (1963).〕 The Supreme Court of Washington held that in the present case the period during which royalties were required, even though beyond the expiry of the patents, was only "a reasonable amount of time over which to spread the payments for the use of the patent()." 62 Wash. 2d, at 291, 382 P. 2d, at 275.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Brulotte v. Thys Co.」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|