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    IP licences and insolvency - deprivation principle held to apply to provisions relating to the termination of an IP licence on insolvency
    2009-09-18

    In Butters and ors v BBC Worldwide Ltd and ors, decided on 20 August 2009, the Court held that contractual provisions in a joint venture agreement taken together with termination provisions in a licence of IP rights were void since the effect of those provisions on insolvency was to deprive creditors access to assets and therefore contrary to public policy in the light of insolvency laws.

    BUSINESS IMPACT

    Filed under:
    United Kingdom, Insolvency & Restructuring, Intellectual Property, Litigation, Herbert Smith Freehills LLP, Share (finance), Bankruptcy, Joint venture, Public limited company, Prejudice, Subsidiary
    Authors:
    Joel Smith , Laura Deacon
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    4 Top Takeaways: Recent Trends Involving Intellectual Property in Bankruptcy
    2017-12-14

    Kilpatrick Townsend partner David Posner spoke at a recent New York State Bar Association event where he and other panelists discussed the topic “Around the Edges of IP: Complexities of IP in Bankruptcy.”

    Mr. Posner provides four key takeaways from his presentation — “Recent Trends Involving Intellectual Property in Bankruptcy:”

    Filed under:
    USA, Banking, Insolvency & Restructuring, Intellectual Property, Kilpatrick Townsend & Stockton LLP
    Authors:
    David M. Posner
    Location:
    USA
    Firm:
    Kilpatrick Townsend & Stockton LLP
    Five Things You Should Know for 2017 About Cross-Border IP Licensing and Insolvency Law
    2016-12-06

    Brexit. Trump. The year 2016 can be characterized as one of unpredicted results and impending uncertainty. In June, the UK electorate voted to leave the European Union and in November, a tumultuous presidential campaign in the United States ended in a stunning win by Donald Trump. Businesses throughout the world sought not only to understand the possible implications of these and other major events, but also to take strategic advantage of them.

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Litigation, Foley & Lardner LLP, Brexit, Bankruptcy, Debtor, Federal Reporter, Samsung, MFG.com, Title 11 of the US Code, United States bankruptcy court, Fourth Circuit
    Authors:
    Marshall Hogan , Beni Surpin , Victor A. Vilaplana
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    My Intellectual Property Licensor is Bankrupt - Now What?
    2016-09-16

    Bankruptcy presents risks for, among many others, intellectual property (“IP”) licensees.  Fortunately, there is a provision in the federal bankruptcy law that is designed to protect IP licensees when a licensor becomes insolvent.

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Fish & Richardson
    Authors:
    John R. Lane
    Location:
    USA
    Firm:
    Fish & Richardson
    Security Interest v. License Agreement: Low Tech Precautions for the High Tech Investment
    2016-07-19

    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 take an interest in innovative companies, hoping to find the next “unicorn.” Notwithstanding the fast pace of the tech industry, it remains important for investors to conduct due diligence before kicking funds into any business, especially when bargaining for a security interest or license.

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, IT & Data Protection, Litigation, Dorsey & Whitney LLP, Bankruptcy, Collateral (finance), Start-up companies, Interest, Debt, Foreclosure, Due diligence, Secured loan, United States bankruptcy court, Sixth Circuit
    Authors:
    Eric Lopez Schnabel , Alessandra Glorioso
    Location:
    USA
    Firm:
    Dorsey & Whitney LLP
    Litigation Newsflash - April 2016
    2016-04-27

    Commercial Litigation

    When can you be deprived of costs where you better your Part 36 offer?

    Filed under:
    United Kingdom, Competition & Antitrust, Insolvency & Restructuring, Intellectual Property, IT & Data Protection, Litigation, Media & Entertainment, Womble Bond Dickinson (UK) LLP
    Location:
    United Kingdom
    Firm:
    Womble Bond Dickinson (UK) LLP
    Bankruptcy of licensor threatens twenty year old trademark license in M&A transaction
    2010-06-21

    Merger and acquisition transactions frequently have included ongoing obligations of the parties to each other. In a recent decision by the Third Circuit Court of Appeals, a trademark licensee in a 1991 acquisition survived an effort by the bankrupt licensor to overturn the license. (In re: Exide Technologies, U.S. Third Circuit Court of Appeals, No. 08-1872 filed June 2, 2010) The case illustrates that the time in which agreements in a merger and acquisition transaction remain at issue can be longer than would be expected.  

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Intellectual Property, Litigation, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Breach of contract, Federal Reporter, Concurring opinion, US Congress, US Code, United States bankruptcy court, Third Circuit, Fourth Circuit
    Authors:
    Stephen M. Proctor
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Intellectual property licenses in bankruptcy
    2010-11-09

    Section 365(n) of the Bankruptcy Code provides offers substantial protection for licensees when a licensor files for bankruptcy. In a bankruptcy proceeding, a licensor/executor has the option of either accepting and continuing an intellectual property license agreement, or rejecting the license. If an intellectual property license is rejected, a licensee is afforded beneficial options under the Code. The Bankruptcy Code defines “intellectual property” in Section 101 (35A) as a-

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Smith, Gambrell & Russell, LLP, Bankruptcy, Debtor, Waiver, Option (finance), Consent, Exclusive right, Trustee
    Location:
    USA
    Firm:
    Smith, Gambrell & Russell, LLP
    Upcoming cases in the United States Supreme Court’s 2010 term: Volume II
    2011-02-15

    The Supreme Court’s 2010-2011 term began in October, and it is expected to conclude by the end of April. We have been monitoring the decisions of our nation’s highest court and you may have already read some of the summaries of the major decisions written by Larkin Hoffman attorneys. This update provides a brief look at some of the cases that have been scheduled for oral argument since our last update in November.

    Filed under:
    USA, Capital Markets, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Intellectual Property, IT & Data Protection, Litigation, Product Regulation & Liability, Public, Telecoms, Larkin Hoffman Daly & Lindgren Ltd, Bankruptcy, Information privacy, First Amendment, Negligence, Federal Communications Commission (USA), AT&T, Freedom of Information Act (1967) (USA), Supreme Court of the United States, Ninth Circuit, Third Circuit
    Authors:
    Ashlee M Bekish , John Kvinge
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    Avoiding danger at the intersection of bankruptcy and intellectual property law
    2011-05-26

    The intersection where IP law meets bankruptcy law poses special challenges to licensees and licensors. Imagine the patent licensor whose debtor licensee intends to assign the licensed patent rights to the licensor's chief competitor. Or consider the trademark licensee whose debtor licensor wants to end the license and sell the trademark to a rival. The resolution of these IP issues may prove vitally important to the parties involved.

    Executory Contracts in Bankruptcy

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Calfee Halter & Griswold LLP, Bankruptcy, Conflict of laws, Debtor, Consumer protection, Breach of contract, Consent, Default (finance), United States bankruptcy court
    Authors:
    Timothy J. Connors , Gus Kallergis , Jean R. Robertson
    Location:
    USA
    Firm:
    Calfee Halter & Griswold LLP

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