News & Analysis as of

Commercial Bankruptcy License Agreements Section 365

Neal, Gerber & Eisenberg LLP

Intellectual Property Licenses and Bankruptcy

The COVID-19 pandemic has already caused numerous companies to file for bankruptcy relief and will likely cause many more to do so. In this environment, it is particularly important for both licensees and licensors of...more

Perkins Coie

Patent Licensee’s Rights Are Perishable in Chapter 7 Bankruptcy

Perkins Coie on

The U.S. Court of Appeals for the Fifth Circuit recently reminded bankruptcy trustees, creditors and asset buyers that patent licenses have a limited “shelf life” in Chapter 7 liquidations. When the Chapter 7 trustee did not...more

Dechert LLP

Are Trademark Licenses Protected in Bankruptcy? The Confusion Continues

Dechert LLP on

Recently, the United States Bankruptcy Court for the District of Connecticut held that while a bankrupt licensor may reject a trademark licensing agreement, the trademark licensee may elect to retain its rights to the...more

Fox Rothschild LLP

Trademark Licensees Beware: License At Risk In Franchisor Bankruptcy

Fox Rothschild LLP on

A concern for franchisees is the impact on license agreements for intellectual property when the licensor files bankruptcy and seeks to shed itself of burdensome obligations under license agreements. The impact on the...more

Jones Day

First Circuit Rejects Sunbeam Approach to Effect of Rejection of Trademark License in Bankruptcy

Jones Day on

In Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), the U.S. Court of Appeals for the First Circuit ruled that the rejection of a trademark license in bankruptcy means...more

Polsinelli

Alleviate the Fear of a License Counterparty Filing for Bankruptcy

Polsinelli on

A legitimate fear among companies negotiating license agreements exists, and that is the fear of the license counterparty filing for bankruptcy. Given the business interruption that ultimately could occur as a result of a...more

Ervin Cohen & Jessup LLP

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

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

7 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide