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    Whose idea is it? Make sure employees clearly transfer ownership of the intellectual property to the organization before parting ways
    2015-04-02

     In the previous blog post, we discussed the ongoing bankruptcy litigation between Crystal Cathedral Ministries and its founder Dr. Robert Schuller over the rejection of his Transition Agreement.  That contract purported to spell out the relationship between the parties as Dr.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Intellectual Property, Litigation, Zuckerman Spaeder LLP
    Authors:
    Virginia Whitehill Guldi
    Location:
    USA
    Firm:
    Zuckerman Spaeder LLP
    What did the ABI Chapter 11 Commission recommend on intellectual property licenses and bankruptcy issues?
    2014-12-16

    Click here to view image.

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Cooley LLP, Bankruptcy, Debtor in possession
    Authors:
    Robert Eisenbach
    Location:
    USA
    Firm:
    Cooley LLP
    U.S. Supreme Court denies review in Jaffe v. Samsung, letting stand the Fourth Circuit’s decision applying Section 365(n) to protect licensees in a Chapter 15 bankruptcy case
    2014-10-06

    On Monday, October 6, 2014, the U.S. Supreme Court issued an order denying the petition for a writ of certiorari in the Jaffe v. Samsung case, also known as the Qimonda case.

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Litigation, Cooley LLP
    Authors:
    Robert Eisenbach
    Location:
    USA
    Firm:
    Cooley LLP
    Security interests in intellectual property and related issues in bankruptcy
    2014-08-25

    Intellectual property (“IP”) can act as collateral to be pledged to secure an extension of credit.  For example, a company that borrows money from a bank can pledge its patents as collateral for the loan.  The bank (referred to as the “secured creditor”) in this case will of course want to make sure that its security interest in the IP can be enforced against the borrower if the borrower defaults on the loan.

    What Happens to Your Security Interest in a Debtor’s Intellectual Property in Bankruptcy?

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Greenberg Glusker Fields Claman & Machtinger LLP, Bankruptcy, Debtor, Secured creditor, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Greenberg Glusker Fields Claman & Machtinger LLP
    Where bankruptcy law and intellectual property law intersect
    2014-08-27

    The intersection of bankruptcy law and intellectual property law is not a very nice neighborhood. Anyone dealing with intellectual property license agreements must think about how these agreements are affected if one party to the agreement becomes insolvent. Below are strategies to help parties draft license agreements that will pass through this intersection relatively safely.

    Bankruptcy Concepts

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Lane Powell PC, Bankruptcy, Debtor, Unsecured debt
    Location:
    USA
    Firm:
    Lane Powell PC
    Intellectual property licenses in bankruptcy
    2014-03-07

    What is IP in the Bankruptcy World?

    In bankruptcy, the intellectual property (IP) licenses are considered property of the bankruptcy estate, and a bankrupt party can do a variety of things with these licenses.  It is important for holders of IP licenses to know what the possibilities are.  But first, what exactly constitutes IP under the Bankruptcy Code?

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Greenberg Glusker Fields Claman & Machtinger LLP, Bankruptcy, Breach of contract
    Location:
    USA
    Firm:
    Greenberg Glusker Fields Claman & Machtinger LLP
    What matters: A review of 2011 and 2012
    2013-04-01

    As you know, the last two years have seen a somewhat improved, but by no means robust, business climate. At the same time, structural shifts in the law firm business model have been both highly publicized and memorably demonstrated.

    Filed under:
    USA, Banking, Capital Markets, Competition & Antitrust, Corporate Finance/M&A, Employee Benefits & Pensions, Environment & Climate Change, Immigration, Insolvency & Restructuring, Intellectual Property, Litigation, Media & Entertainment, Private Client & Offshore Services, Real Estate, Securitization & Structured Finance, Tax, Kramer Levin Naftalis & Frankel LLP
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    The value of IP: concern re IP “going to China” in A123 bankruptcy
    2012-10-28

    Media reports re A123 System’s bankruptcy confirm that A123′s intellectual property is an important part throughout the lifecycle of a struggling company. While Johnson Controls was an initial suitor for A123′s assets, the Wanxiang Group is also now inserting itself into the bankruptcy proceeding.

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Foley & Lardner LLP
    Authors:
    J. Steven Rutt
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    IRS issues guidance on outbound transfers of intangible property
    2012-08-27

    In Notice 2012-39 (the “Notice”), the IRS issued guidance announcing its intention to issue regulations with respect to certain transfers of intangible property by a U.S. corporation to a foreign corporation in a reorganization described in section 361 of the Internal Revenue Code (the “Code”), citing significant policy concerns involving certain intellectual property transfers that permit U.S. persons to repatriate earnings without U.S. income taxation. The IRS’ position in the Notice will impact repatriation planning strategies.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Tax, Orrick, Herrington & Sutcliffe LLP, Shareholder, Dividends, Intangible property, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    You mean I had to file there? Inherent problems with the perfection of security interests in unregistered copyrights
    2012-08-16

    Perfection of security interests in intellectual property can be a trap for the unwary.  In general, secured parties are often confused about where to file in order to perfect a security interest.  This is not surprising as the perfection regime differs depending on the type of intellectual property.  As a starting point, one should determine the general rule for the main classes of intellectual property:  trademarks, patents and copyrights.

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Litigation, Frost Brown Todd LLP, Federal Reporter, USPTO, Lanham Act 1946 (USA), Uniform Commercial Code (USA)
    Authors:
    Joseph A. Kelly
    Location:
    USA
    Firm:
    Frost Brown Todd LLP

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