December 15, 2014

On December 12, 2014, the United States Supreme Court granted certiorari in a patent case in which Schlam Stone & Dolan LLP represented four leading biomedical research institutions as amici curiae supporting the petitioner. Those institutions are: Memorial Sloan-Kettering Cancer Center, Icahn School of Medicine at Mount Sinai, the Research Foundation for the State University of New York, and the Rockefeller University. The petition urged the court to take the case in order to reconsider its decision in Brulotte v. Thys Co., 379 U.S. 29 (1964), which held that a contract providing for payment of patent royalties after the patent's expiration is per se illegal. On behalf of these amici, Schlam Stone's brief sought to bring to the Court's attention the negative impact of this per se bar on the ability of academic research institutions and the companies to which they license technology to structure license agreement in a way that optimizes the licensee's ability to transform academic research conducted by amici into pharmaceutical products that benefit the public. Schlam Stone partners Harvey Stone, Jeffrey Eilender, and Elizabeth Wolstein handled the case.