The Supreme Court's Spider-Man Case

[Mister Mets]

The Supreme Court recently ruled on a case about patent licensing fees involving Spider-Man toys.

On Monday morning, the Supreme Court didn't issue any of the highly anticipated rulings on the remaining marquee cases of the session (same-sex marriage, Obamacare). But the first opinion issued by the court this morning carried an eye-catching name: Kimble v. Marvel Entertainment, a.k.a. the Spider-Man case.

The case revolved around the narrow—and let's be honest, snooze-inducing—question of patent licensing fees. But the majority opinion written by Justice Elena Kagan is full of delightful zingers.

Here's how Kagan describes the toy at the center of the case:

In 1990, petitioner Stephen Kimble obtained a patent on a toy that allows children (and young-at-heart adults) to role-play as "a spider person" by shooting webs—really, pressurized foam string—"from the palm of [the] hand."

The problem was that Marvel never set an expiration date for when the royalties Kimble was owed would expire, with Kimble wishing to still collect after the patent had run out. "The parties set no end date for royalties, apparently contemplating that they would continue for as long as kids want to imitate Spider-Man (by doing whatever a spider can)," Kagan wrote, referencing the Spider-Man theme song. That contradicted prior case law, and a lower court ruled that Kimble was no longer owed royalties. The Supreme Court agreed because, as Kagan writes, "Patents endow their holders with certain superpowers, but only for a limited time."

In the end, Kagan wrote, the court had to stand by prior precedent. "[I]n this world, with great power there must also come—great responsibility," she wrote, letting Uncle Ben's famous words from Amazing Fantasy No. 15 close out her verdict.

[cyberhubbs]

I'm thinking she has one big nerdy clerk working for her.

[Mister Mets]

Dan Slott believes it is important that Justice Elena Kagan quoted Amazing Fantasy #15 correctly.

Today Supreme Court Justice, Elena Kagan, cited Spider-Man:
"In this world, with great power there must also come great responsibility." 1/2

It is important to note, Justice Kagan used the CORRECT version of the Great Power quote and did NOT leave out the word "must". 2/2

Stan Lee is also pleased.

For his part, Spider-Man co-creator Stan Lee loves him some Latin. Old Stan’s Sopabox columns included such Latin phrases as Nil nisi optimus (“Nothing but the best!”) and Audentes fortuna juvat (“Fortune favors the bold!”). Stan knows his stare decisis, and is happy at the Court’s notice.

“It feels pretty good to be part of the historical record in that way,” Lee said. “I see she quoted it accurately. I assume a Supreme Court justice would.”

Stan is also happy to help the august body in future deliberations. “I’m a little concerned they didn’t ask me to testify in person, but I’ll let it pass,” he said. “But next time. They have my number, right?”

[Vortex85]

Haha! Yeah I read about this earlier but I didn't see Stan Lee's quote yet. Good stuff! Always fun to see Spidey references thrown out there in the least expected places.