Looks Like Marvel is Heading to the Supreme Court

Supreme CourtWhile everyone was watching the Marvel vs. Kirby case, and whether that would be heard by the Supreme Court, we were focused on another case. When we last reported in October, Marvel was still waiting to hear their fate in Stephen Kimble, et al., Petitioners v. Marvel Enterprises, Inc.

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.

As you can see on the Supreme Court’s own website, the case is being discussed, with no official announcement or update on the case. As of December 8, the case had been distributed for conference, basically the Justices are taking a look at the case and deciding what to do. This is the fourth time that this has been done so, and at times the court has asked for more information to decide what to do. Counsel Press estimates the court only discusses 20-25% of the cases sent to conference. Basically, the court has been asked to hear the case, and the court is deciding if they will grant oral arguments.

Scotusblog is reporting we’ll officially know the fate of the case on Monday at 9:30am, but that Marvel and Kimble will indeed be heard before the court. Law360 is also reporting the news as well.