
Peace reigned until 2006, when a royalty dispute resulted in Kimble filing a new lawsuit for breach of contract. Marvel counterclaimed for a declaration that it was no longer obligated to pay Kimble based on the sale of products after the expiration of his patent. The Ninth Circuit reluctantly agreed with Marvel, finding that a Brulotte v. Thys Co., a 1964 Supreme Court decision forbidding patent holders from collecting royalties after the expiration date of the patent controls. Many judges and scholars have criticized Brulotte as making little economic sense. But unless the Supreme Court revisits its earlier precedent, Mr. Kimble's stream of web-shooting royalties has run out. Check out a commercial for the toy here: