Brulotte v. Thys Company (376 U.S. 905)/Opinion of the Court

Petition for writ of certiorari to the Supreme Court of Washington 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.'

The case is placed on the summary calendar.