Brulotte Et Al. v. Thys Company

The petition for writ of certiorari to the Supreme Court of Washington is granted limited to Questions 1 and 2 presented by the petition which read as follows:

“1. Whether it is a misuse to include in a license agreement a provision which perpetuates the monopoly of a licensed patent by a requirement that royalties be paid for the use of the invention after the patent has expired and the invention had been dedicated to the public.

“2. Whether it is a misuse or an antitrust violation to include in a license agreement a provision which extends the monopoly of a patent to unpatented subject matter by a provision which requires the payment of post-expiration royalties.”