Richard Wolf

USA TODAY

WASHINGTON -- In true holiday spirit, the Supreme Court agreed Friday to hear a case about a Spider-Man toy.

While the toy in question -- which uses foam string to mimic the superhero's ability to create spider webs -- will command much of the attention, the case is significant because it throws into question a court precedent dating back a half century.

Stephen Kimble's original invention was incorporated into the Web Blaster toy sold by Marvel Entertainment, a division of Walt Disney Co. They eventually agreed on a deal that paid Kimble millions of dollars in royalties -- but Marvel cut the cord (er, string) when Kimble's patent expired.

The case will determine whether the court's 1964 ruling in Brulotte v. Thys gets struck down. The court held at the time that when patents expire, royalty payments to the holder of the patent no longer must be paid.

Kimble's invention dates back to 1990, when he reached a verbal agreement with Marvel that promised him compensation if his idea was used. He later won a lawsuit for breach of contract and ultimately settled with the company for a lump sum payment and future royalties, which eventually added up to more than $6 million.

In 2010, Marvel stopped paying royalties, citing the high court's decision in Brulotte. Two lower federal courts upheld the company's position based on that case. But now, the justices will consider whether it should be struck down.