Robert Eisenbach

Robert Eisenbach

Cooley LLP

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Blog: U.S. Supreme Court Denies Review In Jaffe v. Samsung, Letting Stand The Fourth Circuit’s Decision Applying Section 365(n) To...

On Monday, October 6, 2014, the U.S. Supreme Court issued an order denying the petition for a writ of certiorari in the Jaffe v. Samsung case, also known as the Qimonda case. The Supreme Court let stand the Fourth Circuit’s...more

10/7/2014 - Chapter 15 Commercial Bankruptcy Cross-Border Samsung SCOTUS

Bankruptcy and Intellectual Property: Trademark Licenses, Chapter 15, and Pending Legislation

Introduction - Recent cases have addressed the interplay between intellectual property and bankruptcy, including trademark licenses and Section 365(n)’s application in Chapter 15 cases. Proposed legislation could...more

9/10/2014 - Bankruptcy Code Chapter 15 Commercial Bankruptcy Executory Contracts License Agreements Pending Legislation Popular Trademarks

A Key Customer Filed for Bankruptcy: Should You Keep Doing Business With Them?

When a key customer files bankruptcy, one of the first questions you will face is whether to keep doing business or end the relationship. (Another key question is making sure your pre-bankruptcy claim gets on file or...more

7/28/2014 - Chapter 11 Commercial Bankruptcy Popular

Why Creditors Can’t Afford To Ignore Objections To Bankruptcy Claims

File And Forget? When a customer or other party with which you do business files bankruptcy, it’s important to file a proof of claim on time by the deadline (also known as a “bar date”) set in the case. Once you do, however,...more

7/2/2014 - Consumer Bankruptcy Creditors Debtors Proof of Claims

Rejecting Jewel v. Boxer, The District Court’s Heller Decision Is A Potential Knock-Out Punch Against Unfinished Business Claims...

The Order Re Summary Judgment issued on June 11, 2014 by Judge Charles R. Breyer of the U.S. District Court for the Northern District of California in the Heller Ehrman LLP bankruptcy case may prove to be a knock-out punch...more

7/1/2014 - Commercial Bankruptcy Heller Ehrman Jewel v Boxer Jewel Waiver Law Firm Partners Summary Judgment

Patent Reform Bill, And Its Revisions To Bankruptcy Code Section 365(n), Stalls In The Senate

In December 2013 I wrote about the Innovation Act, H.R. 3309, a bill focused on patent infringement litigation and other patent law reforms that passed the House of Representatives on a bipartisan basis. My interest in the...more

5/22/2014 - Bankruptcy Code Innovation Act License Agreements Patent Reform Patents Section 365

What The U.S. Supreme Court’s Unamimous Decision In A Homestead Exemption Case Says About The Power Of Bankruptcy Courts In...

It seems that most bankruptcy decisions by the U.S. Supreme Court involve individual debtors, and the Supreme Court’s latest opinion is no exception. Even though the decision is not in a business bankruptcy case, it examines...more

3/5/2014 - 363 Sales Bankruptcy Code Chapter 7 Homestead Exemption SCOTUS Section 105(a) Section 522(k)

Innovation Act, Passed By The House, Would Make Major Changes To Section 365(n)’s IP Licensee Protections

It isn’t law yet, but on December 5, 2013, the U.S. House of Representatives passed a significant patent reform bill known as the "Innovation Act." Although the focus of the legislation is on patent infringement litigation...more

12/17/2013 - Bankruptcy Code Innovation Act License Agreements Patent Infringement Patent Reform Patents Section 365 Service Marks Trade Names Trademarks

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