The justices turned thumbs down on an effort by the inventor of a Spider-Man toy to pocket royalties beyond the expiration of his patent. The wristband toy, which shoots foam string, became the basis for Marvel Enterprises' popular Web Blaster.
It was tempting, because the Supreme Court precedent that blocked Stephen Kimble's claim is one of the most unpopular on the books. That 50-year-old ruling in Brulotte v. Thys Co. has been criticized for decades by economists and judges forced to abide by its terms.
In the end, however, a majority of justices ruled that the precedent -- however flawed -- should be upheld. If royalties should be allowed to accrue after a patent expires, the court said, Congress could address it.
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