Courts Decide Spiderman “Web Blaster” Patent Case

Posted by Bailey Obetz.

In this article, Stephen Kimble, inventor of a toy that allowed consumers to shoot web-like material from their palms imitating the power of the superhero Spiderman, sued Marvel in 1997 for patent infringement because it was selling a similar item called the “Web Blaster.” In an agreement between Kimbel and Marvel, Kimbel was to receive royalties on past, present, and future sales of the toy. However, it was unbeknownst to Kimble and Marvel that the royalties had no end date. Under Brulotte vs. Thys Co. (1964 decision), royalties only have to be paid until the patent expires. The issue the courts are currently facing is should the decision of the 1964 case be overruled? Specifically, in Kimble vs. Marvel Enterprises, Kimble’s lawyer believes the case is “‘widely recognized as an outdated and misguided decision that prohibits royalty arrangements that are frequently socially beneficial.’” (Liptak p.6).

“Stare decisis” is Latin for “’to stand by things decided,’” which helps the courts be efficient in their reasoning by using prior cases as guides to their decision-making. Additionally, “stare decisis” makes the law predictable for citizens—they can rely on the court to make the best decisions based on what the law has been from previous cases. The courts are obligated to follow precedent, however sometimes they may rule that the case should no longer be followed. Reasons for not following a precedent could be technological or social changes that make the case inapplicable or if the case is no longer considered “good law.” When courts decide not to follow precedent, as they may in this case, they can receive a lot of attention, which is why this case is of particular interest.

Bailey is a business administration major with a concentration in management at Montclair State University, Class of 2017.