News & Analysis as of

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

Lowenstein Sandler LLP

Some Going Concerns: A Primer On Intellectual Property Issues In Bankruptcy For Licensors And Licensees

Lowenstein Sandler LLP on

Much has been written on the myriad of legal issues emanating from the global COVID-19 pandemic: the constitutionality of the lockdowns, liability for stores that open, the process of obtaining PPP loans, and the...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

Kramer Levin Naftalis & Frankel LLP

Supreme Court Is Asked To Leave Its Mark On Trademark Licensee’s Rights in Bankruptcy

We previously blogged (see blog dated February 20, 2018) about the First Circuit’s decision in Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), affecting the rights of a...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

Burns & Levinson LLP

Licenses, SaaS, and the Cloud

Burns & Levinson LLP on

Some Legal Issues to Consider When Migrating to Become a Service Provider - Although everyone’s into blockchain and the “Internet of Things,” believe it or not, there are still plenty of traditional software developers out...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

Cooley LLP

Patent Reform Bill, And Its Revisions To Bankruptcy Code Section 365(n), Stalls In The Senate

Cooley LLP on

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

Cooley LLP

Innovation Act, Passed By The House, Would Make Major Changes To Section 365(n)’s IP Licensee Protections

Cooley LLP on

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

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

12 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