Intellectual Property, Bankruptcy

Q&A With Morrison & Foerster's Deanne Maynard

by Morrison & Foerster LLP on 5/22/2013

Deanne E. Maynard is a partner in Morrison & Foerster LLP's Washington, D.C., office. She chairs the firm's appellate and U.S. Supreme Court practice group and is a former assistant to the solicitor general at the United...more

Bill on Bankruptcy: Lehman Test Case on Judicial Nullification [Video]

by Bloomberg Law on 5/7/2013

May 9 (Bloomberg) -- Although Lehman Brothers Holdings Inc. is out of bankruptcy a year, the case continues to make law. As Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their...more

Using Recievers to Collect Judgments Against Intellectual Property Assets

by Peter Davidson | Ervin Cohen & Jessup LLP on 4/24/2013

I have been asked to be a receiver to help collect a judgment. The judgment debtor has intellectual property assets. Plaintiff’s counsel has asked me how hard it will be to get me appointed and if I would be able to sell the...more

Always Be Prepared: Forecasting a Business Partner's Financial Problems and How to Prepare

by Christopher Giaimo, Donald Workman | BakerHostetler on 4/19/2013

As the American economy continues to slog through the ongoing Great Recession, even financially sound companies face challenges due to the continued economic malaise. In particular, a company that works with suppliers,...more

Bankruptcy 101 for Intellectual Property Licenses

by Patrick Darby, James Watkins | Bradley Arant Boult Cummings LLP on 3/6/2013

Generally, license agreements are “executory contracts” in bankruptcy. Executory means performance is due from both sides. When a party to an executory contract becomes a debtor in bankruptcy, it may either reject or assume...more

Non-Compete Case Law Update: The Mildly Interesting, But Useful, Edition

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/12/2013

The new year is off to a pretty big start. We've already seen significant decisions from federal appellate courts on criminal trade secrets prosecutions and the epic Mattel/MGA "Bratz" dolls dispute. We have a looming debate...more

Skadden's 2013 Insights: Corporate Restructuring

by Skadden, Arps, Slate, Meagher & Flom LLP on 1/21/2013

The global reach of capital markets, financial difficulties in the eurozone and the multinational nature of many businesses and financial institutions have increased the importance of understanding legal, business and other...more

How Does Bankruptcy Affect Rights Under an Agreement Not to Sue on Patents?

by Ella Shenhav, Kevin J. Walsh | Mintz Levin - Bankruptcy, Restructuring &... on 1/16/2013

When a debtor rejects an executory contract, Section 365(n) of the Bankruptcy Code allows a licensee of intellectual property to retain certain rights under the rejected contract. An important question arises, therefore,...more

THQ Goes Down

by Derek Allen | Winthrop & Weinstine, P.A. on 12/28/2012

As 2012 winds down and we all recover from what I’m sure was a wonderful Festivus celebration (I know I’m still feeling the effects of a particularly bloody Feats of Strength and an overly ambitious Airing of Grievances...more

Points & Authorities - Fall 2012

by Buchalter Nemer on 12/6/2012

In This Issue: - The Innovative Design Protection Act: Bound for Success or Doomed to Fail? - Strategic Licensing Considerations - New Faces - Points from the President - Think Again Before Walking Away from...more

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

by Casey Servais | Cadwalader - Financial Restructuring on 11/20/2012

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

Business Litigation Report -- November 2012

by Quinn Emanuel Urquhart & Sullivan, LLP on 11/19/2012

In This Issue: Firm News: • Amy Candido, Diane Doolittle and Susan Estrich Recognized as “Top Women Lawyers” • Quinn Emanuel Adds More International Arbitration Stars Main Article: •...more

Whither Hostess Brands?

by Winthrop & Weinstine, P.A. on 11/19/2012

Most have probably heard today’s news that Hostess Brands is going out of business. This is sad news on many fronts, the most significant of which is the loss of livelihood for some 18,000 individuals....more

Sunbeam Products, Inc. V. Chicago American Manufacturing, LLC

by Craig W. Dent, David W. Dykhouse, Brian P. Guiney, Daniel A. Lowenthal | Patterson Belknap Webb & Tyler LLP on 11/16/2012

The U.S. Court of Appeals for the Seventh Circuit in Chicago has issued a decision with significant implications for licensees of trademarks whose licensors become debtors in bankruptcy. In Sunbeam Products, Inc. v. Chicago...more

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

by Cadwalader - Financial Restructuring on 11/2/2012

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

Seventh Circuit: Bankruptcy Code's Definition of 'Intellectual Property' Does Not Include Trademarks

by Levenfeld Pearlstein on 10/9/2012

Originally published in the October 2012 issue of The Bankruptcy Strategist. Much has been written over the past 20-plus years, in court decisions and scholarly articles, about the omission of “trademarks” from the...more

Michael Lichtenstein on Bankruptcy & Restructuring [Video]

by LEVICK on 10/2/2012

Michael Lichtenstein, an attorney with the law firm of Shulman Rogers, discusses the options available to companies heading into bankruptcy. Mr. Lichtenstein delves into recent proceedings involving Penn Camera and American...more

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

by Skadden, Arps, Slate, Meagher & Flom LLP on 10/1/2012

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

What Happens to a Technology Licensee’s Rights if the Licensor Goes Bankrupt?

by Matthew Eandi | Ervin Cohen & Jessup LLP on 9/18/2012

When a company’s losses and obligations send it into bankruptcy, one of its most powerful tools available in trying to reorganize and emerge is Section 365 of the U.S. Bankruptcy Code. Section 365 allows the bankrupt company...more

In re Interstate Bakeries Corporation: Eighth Circuit Affirms Invalidation of Prepaid, Exclusive Trademark License in Bankruptcy

by Ropes & Gray LLP on 9/5/2012

Acquirors of branded businesses often acquire prepaid, perpetual, exclusive trademark licenses to use the business’s trademarks. On August 30, 2012, the U.S. Court of Appeals for the Eighth Circuit ruled that a bankrupt...more

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Intellectual Property › Bankruptcy

Q&A With Morrison & Foerster's Deanne Maynard

Bill on Bankruptcy: Lehman Test Case on Judicial Nullification [Video]

Using Recievers to Collect Judgments Against Intellectual Property Assets

Always Be Prepared: Forecasting a Business Partner's Financial Problems and How to Prepare

Bankruptcy 101 for Intellectual Property Licenses

Non-Compete Case Law Update: The Mildly Interesting, But Useful, Edition

Skadden's 2013 Insights: Corporate Restructuring

How Does Bankruptcy Affect Rights Under an Agreement Not to Sue on Patents?

THQ Goes Down

Points & Authorities - Fall 2012

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

Business Litigation Report -- November 2012

Whither Hostess Brands?

Sunbeam Products, Inc. V. Chicago American Manufacturing, LLC

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

Seventh Circuit: Bankruptcy Code's Definition of 'Intellectual Property' Does Not Include Trademarks

Michael Lichtenstein on Bankruptcy & Restructuring [Video]

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

What Happens to a Technology Licensee’s Rights if the Licensor Goes Bankrupt?

In re Interstate Bakeries Corporation: Eighth Circuit Affirms Invalidation of Prepaid, Exclusive Trademark License in Bankruptcy

IP Update, Vol. 15, No. 8, August 2012

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- August 22, 2012

The Legal Canvas - Summer 2012

"Seventh Circuit Rules on Trademark Licensees’ Bankruptcy Rights"

Sunbeam Decision Gives a Ray of Hope to Intellectual Property Licensees

Bill on Bankruptcy: Lehman Test Case on Judicial Nullification [Video]

Michael Lichtenstein on Bankruptcy & Restructuring [Video]

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