No. 24-1311
Kevin T. Lavery v. Pursuant Health, Inc.
Response Waived
Tags: circuit-split contract-interpretation patent-law patent-misuse royalty-agreement stare-decisis
Key Terms:
Arbitration Antitrust Patent TradeSecret Copyright Trademark Privacy JusticiabilityDoctri
Arbitration Antitrust Patent TradeSecret Copyright Trademark Privacy JusticiabilityDoctri
Latest Conference:
2025-09-29
Question Presented (from Petition)
Whether the Court should overrule Brulotte and Kimble or at least clarify that an agreement containing a post-expiration royalty is not per se patent misuse if the promised royalty is a means of sharing the risks and rewards of commercialization.
Question Presented (AI Summary)
Whether the Court should overrule Brulotte and Kimble or at least clarify that an agreement containing a post-expiration royalty is not per se patent misuse if the promised royalty is a means of sharing the risks and rewards of commercialization
Docket Entries
2025-10-06
Petition DENIED.
2025-07-09
DISTRIBUTED for Conference of 9/29/2025.
2025-07-02
Waiver of right of respondent Pursuant Health, Inc. to respond filed.
2025-06-23
Petition for a writ of certiorari filed. (Response due July 25, 2025)
2025-04-09
Application (24A957) granted by Justice Kavanaugh extending the time to file until June 23, 2025.
2025-04-02
Application (24A957) to extend the time to file a petition for a writ of certiorari from April 24, 2025 to June 23, 2025, submitted to Justice Kavanaugh.
Attorneys
Kevin T. Lavery
Bradley LeGrand Smith — Endurance Law Group PLC, Petitioner
Pursuant Health, Inc.
Adam Howard Charnes — Kilpatrick Townsend, Respondent