Bankruptcy Intellectual Property

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The North Carolina General Assembly Nears Passage of Significant Legislation Affecting Business

The North Carolina General Assembly is working on significant legislation affecting the state’s business legal climate. The Legislature is one vote away from adopting Senate Bill 853 (SB 853)[1], which is intended to improve...more

Business Litigation Report -- June 2014

In This Issue: - Main Article: ..Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.) – Bankruptcy Court Takes Unusual Steps to Declare Corporate Restructuring a Fraudulent Transfer - Noted With...more

Trademark License Not Subject To Rejection In Bankruptcy In Certain Circumstances

Pursuant to 11 U.S.C. § 365, a debtor or bankruptcy trustee has the option, subject to court approval, of electing one of the following three alternatives with respect to an executory contract: (a) assuming the contract, (b)...more

Seventh Circuit says Sherlock Holmes is still copyright-free

A district court decision declaring that the character of Sherlock Holmes is copyright-free was affirmed by the U.S. Court of Appeals for the Seventh Circuit in a unanimous decision written by Circuit Judge Richard Posner....more

Ninth Circuit Affirms Plaintiff’s Lack of Standing for Failure to List Copyright as Bankruptcy Asset

Voss v. Knotts et al. - In a concise, unpublished decision, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s grant of summary judgment in favor of the defendants in a copyright suit on the...more

Advertising News & Analysis - June 2014

In this issue: - Leading Product Liability Litigator Jessica Grant Joins Venable's SF Office - FindTheBest's 1-2 Punch KOs Patent Troll - The Other Ski Boot Drops – You Shouldn't Collude Over Endorsers...more

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

Business Law Newsletter - March 2014

In This Issue: - The Hidden Power of Routine Contract Provisions - Bankruptcy: Preference Defendants Don’t Feel “Preferred" - What’s That Symbol All About? Protecting Your Trademarks with Proper Notice...more

Intellectual Property Licenses in Bankruptcy

What is IP in the Bankruptcy World? - In bankruptcy, intellectual property (IP) licenses are considered property of the bankruptcy estate, and a bankrupt party can do a variety of things with these licenses. It is...more

Business Litigation Report -- February 2014

In This Issue - Firm News: ..Kathleen Sullivan Featured in December 2013 The American Lawyer Cover Story ..Quinn Emanuel Named to BTI’s 2014 “Client Service A-Team” Honor Roll Main Article: ..Overview...more

Recent Ruling May Put Dent In Ability of Government to Seize Domain Names

A November 2013 ruling from the United States District Court in a bankruptcy case may create an obstacle for a tactic increasingly popular among federal prosecutors – the seizure of a defendant company’s domain name....more

It's Always Something: The Repeated Assaults on Licensee Rights in Bankruptcy

No one has ever asserted that the bankruptcy arena is for the faint hearted. on the road to development of a plan of reorganization (or more commonly these days, a sale of all of the debtor’s assets), there can be bruising...more

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

Fourth Circuit Affirms Application of Section 365(n) to Ensure Patent Licensees Sufficiently Protected in Granting Relief to...

The Court of Appeals for the Fourth Circuit, in Jaffe v. Samsung Elecs. Co., Ltd., recently held that a U.S. bankruptcy court is not required under principles of comity to blindly apply foreign law to assets located in the...more

Business Law Newsletter - November 2013

In This Issue: - False Notes in the Music Industry: Fiduciary Duty of Business Partners - Bankruptcy and Government Contractors - “I Have a Registered Trademark, Now What?” 3 Steps to Monitor and Enforce Your...more

Business Litigation Report -- September 2013

In This Issue: ..Private Antitrust Litigation in the UK ..First Decision by PTO Under America Invents Act Invalidates Business Method Patent ..September 2013: Bankruptcy & Restructuring Litigation...more

Ecotality Files for Chapter 11 Bankruptcy

Ecotality Files for Chapter 11 Bankruptcy by Joel R. Glucksman on October 3, 2013 Ecotality, a green-energy company backed by the U.S. government, has followed in the footsteps of many other electric car battery...more

New York Tops List of Cities with Optimal Business Health

New York Tops List of Cities with Optimal Business Health by Joel R. Glucksman on October 1, 2013 Some municipalities are faring better than others in the health and vitality of their businesses and consumer spending. A...more

Moody’s: Energy Future Holdings in Danger of Bankruptcy

Moody’s: Energy Future Holdings in Danger of Bankruptcy by Joel R. Glucksman on September 24, 2013 Energy Future Holdings Corp. is facing a "high probability" of being forced to seek protection due to the danger of...more

GateHouse Media Seeks Bankruptcy Protection

GateHouse Media Seeks Bankruptcy Protection by Joel R. Glucksman on September 19, 2013 GateHouse Media, Inc., a company that owns more than 400 community newspapers and websites, announced its plans to seek bankruptcy...more

San Bernardino Commits to Mediation ‘Outline’

San Bernardino Commits to Mediation ‘Outline’ by Joel R. Glucksman on September 17, 2013 One week after a U.S. Bankruptcy Judge ruled that the city of San Bernardino is eligible to seek protection under the provisions...more

American Arbitration Association Issues Rule Update for Commercial Arbitration

American Arbitration Association Issues Rule Update for Commercial Arbitration by Robert Levy on September 12, 2013 The American Arbitration Association (AAA), which handles over 100,000 disputes each year, recently...more

Liechtenstein Bank Forced to Pay Tax Evasion Settlement IRS

Liechtenstein Bank Forced to Pay Tax Evasion Settlement IRS by Joseph M. Donegan on August 27, 2013 In another victory for the IRS and the Department of Justice, Liechtensteinische Landesbank AG - or Liechtenstein...more

Spouses Should Be Aware of ‘Gift-Splitting’ Criteria when Gifting Assets

Spouses Should Be Aware of ‘Gift-Splitting’ Criteria when Gifting Assets by Frank L. Brunetti on August 26, 2013 Lawmakers' decision to both set the estate tax at $5.25 million for 2013 and increase the annual gift tax...more

Government Lawsuit Seeks to Block AMUS Airways Merger

Government Lawsuit Seeks to Block AMUS Airways Merger by Joel R. Glucksman on August 23, 2013 A government lawsuit, filed by the Justice Department and several states, is seeking to halt the proposed American Airlines...more

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