Bankruptcy Conflict of Laws Intellectual Property

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Eighth Circuit Rules That a “Perpetual” Trademark Licensing Agreement Is an “Executory” Contract Subject to Rejection Under...

The United States Court of Appeals for the Eighth Circuit recently ruled that a perpetual, royalty-free, and exclusive trademark licensing agreement qualified as an executory contract subject to assumption or rejection under...more

Twenty-Six Years Later, a Lubrizol Split by the Seventh Circuit

Chief Judge Frank Easterbrook of the Seventh Circuit recently created a split of authority regarding the rejection intellectual property licenses in bankruptcy by upholding a decision protecting a trademark licensee’s ability...more

"Rejection of Perpetual, Royalty-Free, Exclusive Trademark License Permitted by Eighth Circuit Ruling: Lewis Brothers Bakeries...

The U.S. Bankruptcy Code generally limits a Chapter 11 debtor-licensor’s ability to reject intellectual property licenses, but trademark licenses are not subject to such limitations. Trademark license agreements that are...more

Seventh Circuit Allows Trademark Licensees to Continue Using License After Rejection of Licensing Agreement

The Court of Appeals for the Seventh Circuit, in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, recently issued a decision that holds contrary to the only other court of appeals that has addressed the issue —...more

Two Recent Decisions From Courts of Appeals Address Important Intellectual Property Issues in Bankruptcy

In the last two weeks, the 6th Circuit and 7th Circuit Court of Appeals each issued decisions on important intellectual property issues in bankruptcy. In the first decision, the 6th Circuit held that bankruptcy's...more

Qimonda Ruling Protects Licensees of U.S. Patents, Holding that Application of German Insolvency Law to Cancel Licenses is...

In a case of first impression, a U.S. bankruptcy court charged with enforcing the rights of a foreign insolvency administrator against assets in the United States has held that foreign insolvency law may not be invoked to...more

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