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    Bankruptcy Code’s patent protection extended to licensees of foreign debtors in chapter 15 case
    2011-11-09

    In a case of first impression, In re Qimonda AG, the Bankruptcy Court for the Eastern District of Virginia (the “Bankruptcy Court”) found that the protections of section 365(n) of the Bankruptcy Code are available to licensees of U.S. patents in a chapter 15 case even when these protections are not available under the foreign law applicable to the foreign debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Dechert LLP, Royalty payment, Bankruptcy, Debtor, Remand (court procedure), Comity, Debtor in possession, IBM, Intel, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Dechert LLP
    The United States Bankruptcy Court for the Southern District of New York deals loss to Lehman in interpreting loss under ISDA Master Agreement
    2015-09-30

    In a blow to the Lehman Chapter 11 estates, the United States Bankruptcy Court for the Southern District of New York held on September 16, 2015 that Intel Corporation’s Loss calculation resulting from a failed transaction under an ISDA Master Agreement was appropriate.1 The decision is significant both because of the dearth of judicial interpretation of the ISDA mechanics regarding the calculation of early termination amounts, and because it affirms the general market understanding that a non-defaulting party has broad discretion in calculating “Loss,” so long as its

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, A&O Shearman, Fair market value, Intel, Lehman Brothers, United States bankruptcy court
    Authors:
    Azam H. Aziz , Douglas P. Bartner , Bjorn Bjerke , Geoffrey Goldman , Joel Moss , Solomon J. Noh
    Location:
    USA
    Firm:
    A&O Shearman
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