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    Seventh Circuit strengthens protection for IP licenses in bankruptcy
    2012-07-12

    On July 9, 2012, the United States Court of Appeals for the Seventh Circuit significantly strengthened the potential ability of licensees to trademarks, international intellectual property, and other rights to continue to enjoy the benefits of their licenses despite a licensor’s bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Litigation, Ropes & Gray LLP, Seventh Circuit
    Location:
    USA
    Firm:
    Ropes & Gray LLP
    Two recent decisions from courts of appeals address important intellectual property issues in bankruptcy
    2012-07-12

    In the last two weeks, the 6th Circuit and 7th Circuit Court of Appeals each issued decisions on important intellectual property issues in bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Litigation, Davis Wright Tremaine LLP, Bankruptcy, Debtor, Seventh Circuit
    Authors:
    Hugh McCullough , Bradley R. Duncan
    Location:
    USA
    Firm:
    Davis Wright Tremaine LLP
    Stan Lee Media, Inc. v. Conan Sales Co., LLC
    2012-02-16

    USDC S.D. California, February 10, 2012

    Click here for a copy of the full decision.

    Filed under:
    USA, California, Insolvency & Restructuring, Intellectual Property, Litigation, Media & Entertainment, Loeb & Loeb LLP, Bankruptcy, Due process
    Authors:
    Jonathan Zavin
    Location:
    USA
    Firm:
    Loeb & Loeb LLP
    Assigning intellectual property in a bankruptcy: is the licensor's consent necessary?
    2012-01-12

    Theresa V. Brown-Edwards, Ryan M. Murphy

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Litigation, Potter Anderson & Corroon LLP, Bankruptcy, Debtor, Consent
    Location:
    USA
    Firm:
    Potter Anderson & Corroon LLP
    Emerging Cybersecurity Company’s Distress Offers Important Lessons for Licensees and Lenders
    2016-01-20

    Last week, the United States Court of Appeals for the Sixth Circuit issued a decision in the case of Cyber Solutions International LLC v. Pro Marketing Sales, Inc. Although the decision blazes no new legal territory, the facts of the case and rulings offer important lessons for both lenders and licensees.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Intellectual Property, IT & Data Protection, Litigation, Nutter McClennen & Fish LLP, Computer security, Sixth Circuit
    Location:
    USA
    Firm:
    Nutter McClennen & Fish LLP
    Contract Corner: Drafting to Protect Your IP Rights in Licensor’s Bankruptcy
    2015-12-30

    Most companies do not own all of the intellectual property (IP) rights that their businesses rely on. It is not uncommon for some portion of a company’s IP rights to be in-licensed from other persons or entities under a license agreement. In such cases, the licensee has contractual rights to use the IP that is the subject of an in-license but not full ownership of such IP. In the day-to-day operations of a company, the distinction between owned IP rights and in-licensed IP rights can easily get lost.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Intellectual Property, Morgan, Lewis & Bockius LLP
    Authors:
    Jason M. Rodriguez
    Location:
    USA
    Firm:
    Morgan, Lewis & Bockius LLP
    A reminder of the limits of Section 365(n)’s licensee protection
    2015-12-01

    A decision last month by the U.S. Bankruptcy Court for the District of New Hampshire serves as a good reminder that, although helpful, Bankruptcy Code Section 365(n)’s protection for intellectual property licenseesdefinitely has its limits.

    Filed under:
    USA, New Hampshire, Insolvency & Restructuring, Intellectual Property, Litigation, Cooley LLP
    Authors:
    Robert Eisenbach
    Location:
    USA
    Firm:
    Cooley LLP
    What every technology company needs to know about assumption, assumption and assignment, or rejection of its contracts in bankruptcy
    2015-10-09

    Technology companies can preserve both significant sums of money and valuable intellectual property rights if they take action when a customer or business partner files for bankruptcy protection. Far less effort is usually required to preserve these rights than what may be involved in a major piece of litigation; but, in almost every case, the company must take timely steps to ensure that its interests are protected.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Intellectual Property, Litigation, Buchalter, Bankruptcy
    Authors:
    Shawn M. Christianson , Valerie Bantner Peo
    Location:
    USA
    Firm:
    Buchalter
    The First Circuit may ‘actually’ be the best choice of bankruptcy venue for intellectual property licensees
    2015-05-28

    In October 2014, GT Advanced Technologies (GT), a Delaware corporation with a principal place of business in New Hampshire, filed a petition for relief under Chapter 11 of the Bankruptcy Code (Code) in the District of New Hampshire. The locus of the filing was somewhat of a surprise to many, given the steady migration of large Chapter 11 cases to the so-called “magnet” bankruptcy venues of Delaware and the Southern District of New York.

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Litigation, Wilmer Cutler Pickering Hale and Dorr LLP, Delaware General Corporation Law, First Circuit
    Authors:
    Benjamin W. Loveland
    Location:
    USA
    Firm:
    Wilmer Cutler Pickering Hale and Dorr LLP
    Grant of nonexclusive trademark license bars chapter 11 franchisee’s assumption of franchise agreement
    2007-05-25

    In a case of apparent first impression, U.S. District Court Judge Alan S. Gold recently held in In re Wellington Vision, Inc., No. 06-80446, __ B.R. ___, 2007 WL 762398 (S.D. Fla. Feb. 20, 2007), that a franchisee in chapter 11 cannot assume (i.e., retain) a franchise agreement that grants a nonexclusive trademark license, leaving the franchisor free to terminate the agreement.

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Intellectual Property, Litigation, Wiley Rein LLP, Bankruptcy, Conflict of laws, Debtor, Marketing, Franchise agreement, Debtor in possession, Lanham Act 1946 (USA), Ninth Circuit, United States bankruptcy court, California courts of appeal
    Location:
    USA
    Firm:
    Wiley Rein LLP

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