--- title: "March Madness in the Supreme Court – and Our Bracketology" canonicalUrl: "https://wyche.com/insights/blog/posts/march-madness-in-the-supreme-court-and-our-bracketology/" excerpt: "Wyche Inside IP By Wallace K. Lightsey On March 31, the U.S. Supreme Court will hear oral arguments in two important patent cases. How will it decide? Here are our predictions. In Commil USA, LLC v. Cisco Systems, Inc., the Court will consider whether a defendant’s good-faith belief that a patent is invalid is a defense to a claim of induced infringement. In Kimble v. Marvel Enterprises, Inc., the Court will examine whether it should overturn a previous decision by it (Brulotte v. Thys Co.) that a patent licensee’s obligations are absolved after the patent expires, and that a patent holder’s…
Read More" datePublished: "2015-03-23T15:47:42-04:00" dateModified: "2024-05-24T16:06:11-04:00" --- - March Madness in the Supreme Court – and Our Bracketology [Home](https://wyche.com/) » March Madness in the Supreme Court – and Our Bracketology [** Wallace Lightsey](https://wyche.com/author/wlightsey/) ** ** ** # March Madness in the Supreme Court – and Our Bracketology *[Wyche Inside IP](https://wyche.wpengine.com/insights/newsletters/intellectual-property-newsletter/)* By [Wallace K. Lightsey](https://wyche.wpengine.com/what/attorneys/lawyer/wallace-k-lightsey/) On March 31, the U.S. Supreme Court will hear oral arguments in two important patent cases. How will it decide? Here are our predictions. In *Commil USA, LLC v. Cisco Systems, Inc.*, the Court will consider whether a defendant’s good-faith belief that a patent is invalid is a defense to a claim of induced infringement. In *Kimble v. Marvel Enterprises, Inc.*, the Court will examine whether it should overturn a previous decision by it (*Brulotte v. Thys Co.*) that a patent licensee’s obligations are absolved after the patent expires, and that a patent holder’s attempt to collect royalties after expiration constitutes patent misuse. Predicting what the Supreme Court will do is always a hazardous enterprise, but in the spirit of March Madness I will take my best shot. Since the Court has embarked on a campaign to make it easier for courts and parties [to fight patent trolls](https://wyche.wpengine.com/insights/wyche-articles/trip-trap-trip-trap-has-big-billy-goat-gruff-come-to-kill-the-patent-troll/), I think the Court will side with the defendant in *Commil USA* and hold that a good faith belief of invalidity is a defense in an induced infringement case. The *Kimble* case is harder to call. The previous decision in question, *Brulotte*, has been criticized by many courts and commentators as preventing efficient and pro-competitive license transactions, which will find a sympathetic ear with the free market philosophy of several of the Justices. Nevertheless, given the Court’s recent attacks on patent abuse, I think the Court will reaffirm *Brulotte* on the ground of the patent law’s policy of preventing enforcement of contracts that impair the public’s access to patented inventions after the patent expires. We will continue to follow these cases and report on them further in our next edition of *Wyche Inside IP.* [Find more *Wyche Inside IP* articles and subscribe to receive updates](https://wyche.wpengine.com/insights/newsletters/intellectual-property-newsletter/). [*](https://wyche.com/author/wlightsey/) [## Wallace Lightsey](https://wyche.com/author/wlightsey/) Wallace is an experienced trial and appellate attorney, with over 60 jury trials in state and federal courts throughout the Southeast, and approximately 100 bench trials, jury trials, and arbitration trials, as well as numerous appeals in the South Carolina appellate courts and the United States Courts of Appeals for the First, Fourth, Sixth, and Eleventh Circuits.  RELATED ARTICLES [](https://wyche.com/insights/blog/posts/wyche-adds-standout-associates-stephen-atkinson-and-hayden-cox-to-its-corporate-practice-group/) ### [Wyche Adds Standout Associates Stephen Atkinson and Hayden Cox to Its Corporate Practice Group](https://wyche.com/insights/blog/posts/wyche-adds-standout-associates-stephen-atkinson-and-hayden-cox-to-its-corporate-practice-group/) GREENVILLE, SC (November 6, 2025) – Wyche, a leading full-service law firm with offices across South Carolina, is pleased to announce the addition of Stephen [](https://wyche.com/insights/blog/posts/wyche-attorney-and-former-south-carolina-supreme-court-justice-kaye-hearn-elected-to-the-american-law-institute/) ### [Wyche Attorney and Former South Carolina Supreme Court Justice Kaye Hearn Elected to the American Law Institute](https://wyche.com/insights/blog/posts/wyche-attorney-and-former-south-carolina-supreme-court-justice-kaye-hearn-elected-to-the-american-law-institute/) COLUMBIA, SC (July 24, 2026) – Wyche is pleased to announce that Justice Kaye Hearn has been elected to the American Law Institute (ALI). Membership [* View All](https://wyche.com/insights/news-stories/) ## Stay in Touch Join one our mailing lists and receive regular updates! [Subscribe to Updates](/subscription) ## Contact Us * * Send Message - [Our Philosophy](https://wyche.com/our-philosophy/) - [Unique Culture](https://wyche.com/our-unique-culture/) - [Client Service](https://wyche.com/wyche-difference/) - [Global Reach](https://wyche.com/global-reach/) - [Careers](https://wyche.com/careers/) - [Locations](https://wyche.com/locations) - [Centennial](https://wyche.com/wyche-100/) [Linkedin **](https://www.linkedin.com/company/wychepa/) [Facebook **](https://www.facebook.com/wychepa?ref=hl) [Instagram **](https://www.instagram.com/wychepa/)