Spiderman Not Able To Combat His Foes.

Plaintiff invented a SpiderMan toy that allowed a user to mimic the superhero with foam string. Thereafter a rival produced a similar SpiderMan role-playing toy. Plaintiff sued the rival for patent infringement. The parties settled while the underlying action was pending, with the rival agreeing to purchase the patent. Their agreement had no expiration date, and the parties co-existed for several years without problems. In 2006, plaintiff again brought suit against the rival, this time claiming breach of contract among other claims. The trial court ruled plaintiff could not recover royalties under the settlement agreement beyond the expiration of the patent. Following the holding in Brulotte v. Thys Co. (1964) 379 U.S. 29, [85 S.Ct. 176; 13 L.Ed.2d 99], the Ninth Circuit affirmed. Kimble v. Marvel Enterprises Inc.  (Ninth Cir.; July 16, 2013) (Case No. 11-15605).