100% false if these are found to be patent royalties. This was most recently reaffirmed in June when the supreme court denied cert in Kimble v. Marvel. This r

100% false if these are found to be patent royalties. This was most recently reaffirmed in June when the supreme court denied cert in Kimble v. Marvel. This rule has been in place since Brulotte et al. v. Thys Co., which addressed this question square on. Past that you are basically saying "you can try to contract around and pretend it's not patent royalties" This is, of course, true in theory, but this doesn't really work in practice. This is why patent trolls and others don't actually do it. Because a judge will look at you sideways, and then just let me out of the agreement or give you no damages when i breach it.