David Fleischer in Law360: Marvel Wins at 9th Circ. in Spider-Man Toy Patent Dispute


The Ninth Circuit on Tuesday reluctantly found a Spider-Man toy inventor’s right to collect royalties after the expiration of his patent is barred by a controversial U.S. Supreme Court ruling, and upheld the dismissal of his breach of contract suit against Marvel Enterprises Inc.

Plaintiff Stephen Kimble alleged that in 1990 he invented a Spider-Man toy that featured the ability to shoot foam string out of a wristband device, and received assurances he would be compensated if Marvel used his idea. Kimble sued the company in 1997 after it created the “Web Blaster” toy based on his idea but left him out of the loop. The two parties eventually settled in 2001 and agreed that Marvel would buy the patent for about $500,000 and pay Kimble a 3 percent royalty on product sales...

Marvel is represented by Jason T. Christiansen of Paul Hastings LLP, David Fleischer of Haynes and Boone, LLP and Andrew M. Jacobs, Sarah K. Jezairian and Joseph A. Kroeger of Snell & Wilmer LLP.

Excerpted from Law360, July 18, 2013. To view full article, click here (subscription required).

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