Tag Archives: toys

Marvel’s Day Before the Supreme Court

Supreme CourtAt 11:15am today, Marvel saw their day before the Supreme Court in Stephen Kimble v. Marvel Enterprises. The case involves toys and whether the petitioner is getting the correct royalties for the design concerning a Spider-Man webshooter toy. It involves a 50-year-old rule about how inventors can profit off of their patent.

While we didn’t attend the arguments, the transcript has been released. We’ll be reading it over and include notes throughout the day. Later this week audio will be released of the hearing. We also spoke with a lawyer and posted their thoughts on the case yesterday.

We’ve asked Marvel for a statement, but have not heard back.

Funko’s Star Wars Celebration 2015 FIRST ANNOUNCEMENT!

Funko has announced that they will be exhibiting at Star Wars Celebration 2015 in Anaheim, CA! You can find Funko at booth #1410!

Leading up to the convention, they’ve announced their Pop! exclusives! Stay tuned for TWO more announcements leading up to the convention!

Pop! Star Wars: 2015 Celebration Exclusives

Hawkeye Takes Aim With a New Marvel Select Action Figure

Clint Barton is often dismissed as “the guy with the bow and arrows,” but as one of the few non-powered members of the Avengers, he stands alongside super-soldiers, armored knights and living gods. To honor a man who regularly fights above his weight class, Diamond Select Toys and marvelshop.com have teamed up to create an exclusive, all-new figure of the avenging archer, Hawkeye!

Wearing his newer Marvel NOW! outfit, Avenging Hawkeye comes with his bow, arrows, crossbow pistol, alternate hand, alternate bandaged head and his canine companion Lucky. Lucky was introduced in the 2012 Hawkeye comic series, by Matt Fraction and David Aja, in which Hawkeye dealt with street-level crime in and around his New York City neighborhood.

This new Hawkeye figure was sculpted by Gentle Giant Studios, and stands 7 inches tall with 16 points of articulation. Like all Marvel Select action figures, he comes packaged in display-ready packaging with comic artwork down one side, for handy shelf reference.

The figure has debuted exclusively on marvelshop.com on March 23rd, and to arrive in Disney Stores and on disneystore.com by April 6.

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Marvel heads before the Supreme Court tomorrow. We get the scoop.

Supreme CourtWhile everyone was focused on Marvel‘s possible legal battle before the Supreme Court concerning the rights of Jack Kirby, Marvel had another case that actually is making it before the high court tomorrow.

Marvel and Stephen Kimble are getting their day in court, as Stephen Kimble, et al., Petitioners v. Marvel Enterprises, Inc. will be heard before the Supreme Court on March 31. It’s one of two cases before the court that day.

To get the scoop as to what we might expect, we got to talk to Mike Fein of the intellectual property group of Eckert Seamans Cherin & Mellott LLC about the court case.

Marvel ComicsMike Fein is a member of the intellectual property group of Eckert Seamans Cherin & Mellott LLC, which is co-chaired by Roberta Jacobs-Meadway. Along with his colleagues, Mr. Fein has extensive experience advising clients about patent scope, validity and enforceability, as well as in obtaining and litigating patents. He is also well versed and experienced in representing licensors and licensees of patents and related antitrust laws, both in the U.S. and internationally. Mr. Fein earned his law degree from Rutgers University School of Law and his undergraduate degree at the University of Pennsylvania.

But, before the actual Q&A, here’s a bit of a disclaimer.

This article is intended to keep readers current about a topic in intellectual property law, and is not intended to be legal advice nor to create an attorney-client relationship. The article expresses the personal opinion and views of the author. If you have questions, please contact the Philadelphia office of Eckert Seamans Cherin & Mellott, LLC, at 215.851.8400.

Graphic Policy: The court decision that’s being debated is the previous decision in Brulotte v Thys Co. What was that court case? Can you sum up for us what the case is about in layman’s terms?

Mike Fein: Whether this Court should overrule Brulotte v. Thys Co., which held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.”

GP: In the description of the case before the Court, they said that decision was “a product of a bygone era” and “the most widely criticized” of the Court’s intellectual property and competition law decisions. How often does this case come up and why is it so criticized?

MF: In the decision being appealed, the 9th Circuit Court of Appeals contrasted the Brulotte rule with Aronson v. Quick Point Pencil Co., 440 U.S. 257, 262-66, 99 S.Ct. 1096, 59 L.Ed.2d 296 (1979), in which the Supreme Court found that patent law did not preclude the enforcement of an agreement to provide royalty payments indefinitely where no patent had issued. The Court of Appeals said that “the Brulotte rule in this case arguably deprives Kimble of part of the benefit of his bargain based upon a technical detail that both parties regarded as insignificant at the time of the agreement.” They quoted the following criticism from a 7th Circuit in an earlier opinion which said

The Supreme Court’s majority opinion reasoned that by extracting a promise to continue paying royalties after expiration of the patent, the patentee extends the patent beyond the term fixed in the patent statute and therefore in violation of the law. That is not true. After the patent expires, anyone can make the patented process or product without being guilty of patent infringement. The patent can no longer be used to exclude anybody from such production. Expiration thus accomplishes what it is supposed to accomplish. For a licensee in accordance with a provision in the license agreement to go on paying royalties after the patent expires does not extend the duration of the patent either technically or practically, because … if the licensee agrees to continue paying royalties after the patent expires the royalty rate will be lower. The duration of the patent fixes the limit of the patentee’s power to extract royalties; it is a detail whether he extracts them at a higher rate over a shorter period of time or a lower rate over a longer period of time.

GP: Are there any recent cases the Supreme Court has heard that might give us an idea on how they might rule?

MF: Recent Supreme Court decisions have been anti-patent and have caused tremendous upheaval and invalidation of thousands of previously-thought to be valid patents in the biotech and computer-assisted method fields. They are usually influenced by the Solicitor General’s amicus briefs. The Solicitor filed one in the Kimble v. Marvel urging the court to affirm the decision below and uphold the Brulotte rule since it is not anti-competitive.

GP: What are you expecting from the judges when they hear the case?

MF: They will ask questions as usual, except for Justice Thomas.

GP: There were quite a few amicus curiae filed, some in support of neither party. Have any of them stood out to you?

MF: Just the Solicitor’s, as mentioned above.

GP: How far and wide would the impact be if Marvel were to decide the case for Kimble? Seems like it’d be pretty wide reaching and have a massive impact on things.

MF: I don’t think the impact would be that great. Know how agreements can be in perpetuity. There are other ways around Brulotte if the parties really bargain for post patent expiration royalties.

GP: This is one of two cases Marvel could have had before the court, the other being the lawsuit concerning Jack Kirby. In your opinion, which of the two was more perilous for Marvel?

MF: The Jack Kirby case involved the Spider-Man and X-Man copyrights, much more valuable than the toy involved in the Kimble case.

GP: Any guesses on how they might rule in Kimble v Marvel?

MF: I guess they’ll affirm.

Coming Soon from Vinyl Sugar: Batman Dorbz

The next Dorbz series features characters from the Batman universe and the Caped Crusader himself! Opting for painted designs over sculpt, these pint-sized rascals will weasel their way into your heart as surely as they’ll find their way onto your shelf!

Each high quality vinyl figure stands at 3-inches in height and comes in window-box packaging to fully display each character through front and back box panels!

Look out for more Batman Dorbz coming later this year! The first set of Dorbz: Batman will be out from Vinyl Sugar this June.

Pop! Television: The Flash in May

His name is Barry Allen and he’s the fastest man alive! Central City’s favorite speedster is making his debut! And you can’t forget Captain Cold either! What’s a speedster without his rogues?

Funko‘s Pop! Television: The Flash is out this May.

Pop! Television: The Flash

Loot Crate Reveals Their April Theme

Loot Crate April FantasyDo you like swords, sorcery, and the occasional mythical beast? Well you’re in luck! This month, Loot Crate is all about FANTASY! They’re giving us epic collectible (and wearable) items from some of our favorite fantasy franchises, including Game of Thrones, Dungeons & Dragons, and The Princess Bride! So grab a good sword and the most impractical armor you can find, because you’ve got a quest to complete and a kingdom to save!

 

 

 

This post contains affiliate links, which means that if you click on one of the product links and make a purchase, we’ll receive a percentage of the sale. Graphic Policy does purchase items from this site. Making purchases through these links helps support the site.

Diamond Select Toys & Valiant’s X-O Manowar/Bloodshot Minimates Two-Pack – Exclusively at Toys“R”Us

Two of the greatest heroes of the Valiant Universe have stepped into the three dimensional world with an all-new Valiant Minimates two-pack from Diamond Select Toys, now available exclusively at Toys“R”Us stores nationwide and online at Toysrus.com! The alien-armored, Visigoth hero X-O Manowar and indestructible commando Bloodshot make their Minimate debut in a specially designed two-pack that comes complete with both heroes’ signature accessories, alternate parts, and an exclusive, never-before-seen Valiant comic book insert. Each Valiant Minimates two-pack also includes a free comic book digital download offer, powered by comiXology.

Born into battle, Aric of Dacia, the fifth century Visigoth now called X-O Manowar, has never known peace. Abducted and enslaved by the savage alien empire known as The Vine, Aric finally escaped his captors after stealing their ultra-powerful X-O Manowar armor and then returned to Earth…only to find that more than a thousand years had passed in his absence. Stranded in the modern day, the most primitive man on Earth now wields the most powerful weapon in existence as X-O Manowar.

Brought back from the dead and infused with cutting-edge nanotechnology, Bloodshot’s nanites made him a nearly unstoppable killing machine. His enhanced strength, speed, endurance and healing made him the perfect weapon, and he served his masters at Project Rising Spirit – a private contractor trafficking in violence – very well. But after defying his programming and escaping his captors, Bloodshot now fights to rediscover to the secret of his true identity – but remains haunted by the past that nearly destroyed him.

Plus, coming to comic book stores this April, don’t miss the X-O Manowar and Bloodshot Minimates Battle-Damaged two-pack – a Previews-exclusive offering featuring combat-hardened alternative looks for two of most Valiant’s formidable heroes, from the best-selling story arcs Harbinger Wars and Planet Death!

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Nerd Block announces Kevin Smith Is Back!

Nerd Block has announced that they’ve once again teamed up with nerd icon Kevin Smith to bring you an awesome item in April’s Nerd Block!

What does this have to do with their theme, you ask? Kevin’s movies, such as Clerks and Mallrats, were greatly influenced by entertainment from the 1980s. For this Block, they knew they just had to get him involved! You’re sure to get a kick out of this item.

SUBSCRIBE TODAY!

nerd block kevin smith

This post contains affiliate links, which means that if you click on one of the product links and make a purchase, we’ll receive a percentage of the sale. Graphic Policy does purchase items from this site. Making purchases through these links helps support the site.

Pop! Television: Arrow in May

Residents of Starling City, have no fear, these Pop!’s have not yet failed your city! After many, many fan requests…

Funko is bringing Oliver Queen and company to life with their new Pop! figures! (Salmon Ladder not included)

Pop! Television: Arrow

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