In recent opinions, the U.S. Court of Appeals for the Seventh Circuit has interpreted the Bankruptcy Code ( the Code ) in a manner that makes inaction or ignorance perilous for IP licensees whose licensor declares bankruptcy. Although Congress amended the Code to protect a licensee from losing technology rights in these situations, the Seventh Circuit has narrowly interpreted a strikingly similar bankruptcy provision involving real-estate leases and, in doing so, has cast doubt on the efficacy of the licensee protections found in section 365(n) of the Code. In addition, this circuit has broadly interpreted another Code section dealing with title-clearing sales of a debtor\u27s property, giving wider effect to section 363(f) . Such a sale st...
The Seventh Circuit created a circuit split in bankruptcy law regarding the rejection of trademark l...
When the worlds of bankruptcy and intellectual property licenses converge, licensees are placed in p...
The principal assets of many enterprises doing business primarily on the Internet are in the nature ...
In recent opinions, the U.S. Court of Appeals for the Seventh Circuit has interpreted the Bankruptcy...
A debtor-licensee often desires to assume or assume and assign intellectual property licenses to whi...
(Excerpt) Under title 11 of the United States Code (the “Bankruptcy Code”), a debtor may reject or a...
In 1985, industries that relied heavily on intellectual property licenses were dealt a severe blow w...
11 U.S.C. § 365(a) provides that a bankruptcy trustee, subject to the court’s approval, may assume o...
In 1988, Congress amended § 365 of the Bankruptcy Code, which deals with the rejection of executory ...
On January 12, 2018, the United States Court of Appeals for the First Circuit held, in In re Tempnol...
(Excerpt) Section 365(a) of the Bankruptcy Code sets forth the basic power of a trustee in bankruptc...
As effective and efficient bankruptcy proceedings have become increasingly important in recent years...
Gene Goldmintz argues that the first-sale doctrine should apply to digital goods. These digital good...
The vast and complex field of technological discoveries and inventions require more and more protect...
While the United States has been able to protect the growth of intellectual property within its own ...
The Seventh Circuit created a circuit split in bankruptcy law regarding the rejection of trademark l...
When the worlds of bankruptcy and intellectual property licenses converge, licensees are placed in p...
The principal assets of many enterprises doing business primarily on the Internet are in the nature ...
In recent opinions, the U.S. Court of Appeals for the Seventh Circuit has interpreted the Bankruptcy...
A debtor-licensee often desires to assume or assume and assign intellectual property licenses to whi...
(Excerpt) Under title 11 of the United States Code (the “Bankruptcy Code”), a debtor may reject or a...
In 1985, industries that relied heavily on intellectual property licenses were dealt a severe blow w...
11 U.S.C. § 365(a) provides that a bankruptcy trustee, subject to the court’s approval, may assume o...
In 1988, Congress amended § 365 of the Bankruptcy Code, which deals with the rejection of executory ...
On January 12, 2018, the United States Court of Appeals for the First Circuit held, in In re Tempnol...
(Excerpt) Section 365(a) of the Bankruptcy Code sets forth the basic power of a trustee in bankruptc...
As effective and efficient bankruptcy proceedings have become increasingly important in recent years...
Gene Goldmintz argues that the first-sale doctrine should apply to digital goods. These digital good...
The vast and complex field of technological discoveries and inventions require more and more protect...
While the United States has been able to protect the growth of intellectual property within its own ...
The Seventh Circuit created a circuit split in bankruptcy law regarding the rejection of trademark l...
When the worlds of bankruptcy and intellectual property licenses converge, licensees are placed in p...
The principal assets of many enterprises doing business primarily on the Internet are in the nature ...