Tucson man no longer entitled to royalties for Spider-Man toy, court rules

A costumed Spider-Man character in web-shooting pose.
A costumed Spider-Man character in web-shooting pose.

By Jonathan Reid | Cronkite News

A federal appeals court ruled Tuesday that Marvel Enterprises Inc. no longer has to pay royalties to the Tucson inventor of a Spider-Man web-shooter, after the patent on the toy expired.

A reluctant panel of the 9th U.S. Circuit Court of Appeals upheld a lower court‘s ruling against Stephen Kimble in a published opinion.

In a separate unpublished opinion, however, the court reversed the district court’s rejection of Kimble’s separate claim for breach of an alleged verbal agreement and remanded the issue for consideration.

“The bottom line is, it’s not done yet,” said Kimble, who added that he is considering an appeal to the Supreme Court of his loss on the patent issue.

Continued:

If you’d like to discuss intellectual property issues, contact Robert Iussa, chair Rose Law Group Intellectual Property Dept., riussa@roselawgroup.com rhurley@roselawgroup.com

 

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