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License Agreements Commercial Bankruptcy

ArentFox Schiff

Breaking: Third Circuit Declares Mallinckrodt’s Future Royalty Payment Obligations Dischargeable – Caution, Warning, and Options

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On April 25, the US Court of Appeals for the Third Circuit issued its precedential opinion in Mallinckrodt v. Sanofi-Aventis, Case No. 23-1111, reminding everyone that “creditors take on risks” when it ruled that the debtor...more

Mayer Brown

Protecting Against Vendor Bankruptcy in Service and License Agreements

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When one of your key technology customers or vendors files for bankruptcy, what is the impact on your company? And what can your company do to mitigate the impact? Join Mayer Brown counsel Monique Mulcare and partners Richard...more

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

Neal, Gerber & Eisenberg LLP

Fate of Licenses in Bankruptcy

In the case of Mission Product Holdings Inc v Tempnology, LLC, the Supreme Court of the US(SCOTUS) is set to settle a hotly disputed issue of intellectual property law: whether a licensor may terminate a license (along with...more

Nossaman LLP

Supreme Court Agrees to Address Uncertainty About Trademark Licenses in Bankruptcy Cases

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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...more

Perkins Coie

Patent Licensee’s Rights Are Perishable in Chapter 7 Bankruptcy

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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

Patterson Belknap Webb & Tyler LLP

Another Gotcha for the Calendar: Section 365(d)(1)

Although it may be difficult to define precisely what an “executory contract” is (with the Bankruptcy Code providing no definition), I think most bankruptcy lawyers feel how the late Supreme Court Justice Potter Stewart...more

Kramer Levin Naftalis & Frankel LLP

Fifth Circuit Holds Executory Contract Not Listed on Bankruptcy Schedules Is Automatically Rejected Upon Expiration of 60-Day...

The Bottom Line - The Fifth Circuit recently held in RPD Holdings, L.L.C. v. Tech Pharmacy Services (In re Provider Meds, L.L.C.), No. 17-1113 (5th Cir. Oct. 29, 2018), that a patent license that was not specifically...more

Patterson Belknap Webb & Tyler LLP

Toys “R” Back? Iconic Retailer in the Midst of Liquidation May be Poised for a Reboot

The failure of Toys ‘R Us to successfully reorganize in Chapter 11 sent shockwaves throughout the retail world and the restructuring community. Saddled with unsustainable debt and unable to chart a viable path forward, the...more

McGuireWoods LLP

Bankruptcy and Trademark Licenses — Are Yours Safe?

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Are a licensee’s rights to use a trademark safe if the licensor files for bankruptcy and rejects the trademark license? This is a question the U.S. Supreme Court may resolve later this year....more

Dechert LLP

Are Trademark Licenses Protected in Bankruptcy? The Confusion Continues

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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

Kramer Levin Naftalis & Frankel LLP

Trademark Licensee Retains Rights Post-Rejection

The Bottom Line - The Bankruptcy Court for the District of Connecticut in In re Sima Int’l, Inc., Case No. 17-21761, 2018 WL 2293705 (Bankr. D. Conn. May 17, 2018), recently held that rejection of a license agreement did...more

Dorsey & Whitney LLP

You Can’t Reject My Trademark License - Can You?

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In 2015, we wrote about the District of New Hampshire Bankruptcy Court’s decision in In re Tempnology, LLC. That decision was significant because it bucked a recent trend in bankruptcy jurisprudence to permit trademark...more

Fox Rothschild LLP

Trademark Licensees Beware: License At Risk In Franchisor Bankruptcy

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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

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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

Shumaker, Loop & Kendrick, LLP

Client Alert: Dumbing Down Intellectual Property: Chapter 11 Impact on IP License Agreements

Innovation and creativity are essential for competitive advantage and success in a global economy. The attendant intellectual property assets are the product of substantial capital investment, and companies should carefully...more

Kilpatrick

Mission Product Holdings Inc v Tempnology LLC First Circuit on a Mission Reverses Bankruptcy Appellate Panel

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Anyone who practices bankruptcy or intellectual property law and follows the intersection of the two knows Congress responded to the Fourth Circuit’s ruling in Lubrizol by enacting 11 U.S.C. § 365(n) (“Section 365(n)”)....more

Cooley LLP

Blog: Throwing Shade At Sunbeam: Following Lubrizol And Not The Seventh Circuit, The First Circuit Leaves Another Trademark...

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The Tempnology Trademark Saga. When it comes to decisions on bankruptcy and trademark licenses, the In re Tempnology LLC bankruptcy case is the gift that keeps on giving. The Original. It all started in November 2015....more

Mintz - Bankruptcy & Restructuring Viewpoints

Delaware Court Holds that Trademark License Cannot be Assigned Without Consent

The Delaware bankruptcy court recently decided that a debtor could not assign a trademark license absent the consent of the licensor. The court concluded that federal trademark law and the terms of the license precluded...more

Dorsey & Whitney LLP

Bankruptcy Dispute Regarding “Coolcore” Trademark Heats Up in the First Circuit

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In December 2015, the TMCA blogged about a decision in In re Tempnology, LLC, in which the Bankruptcy Court for the District of New Hampshire held that a debtor’s rejection of a licensing agreement in bankruptcy terminated...more

BakerHostetler

First Circuit Bankruptcy Appellate Panel Recognizes Rights of Trademark Licensees in Bankruptcy

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The First Circuit Bankruptcy Appellate Panel recently issued a decision recognizing the rights of trademark licensees when the trademark’s owner files for bankruptcy. In Mission Product Holdings, Inc. v. Tempnology...more

Greenberg Glusker LLP

Producers Beware: What happens when your movie distributor files bankruptcy?

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The Issue - There has been written a plethora of articles about Bankruptcy Code §365(n) regarding the rights of parties to license agreements when the licensor files a bankruptcy and rejects a license agreement....more

Dorsey & Whitney LLP

Security Interest v. License Agreement: Low Tech Precautions for the High Tech Investment

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In this exciting age of startups, the market is brimming with opportunities for individuals and entities alike to invest in emerging companies. Today’s rapid rate of technology development justifies investors’ eagerness to...more

Proskauer Rose LLP

Three Point Shot - June 2016

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Showtime and Top Rank Slug It out over "Fight of the Century" - Who said boxing was dead? Fight fans still bitter over the May 2015 Floyd Mayweather–Manny Pacquiao bout that was far more mega-bore than mega-brawl...more

Polsinelli

Alleviate the Fear of a License Counterparty Filing for Bankruptcy

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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

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