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    The Supreme Court - May 13, 2013
    2013-05-13

    The Supreme Court of the United States announced decisions in three cases today:

    Filed under:
    USA, Insolvency & Restructuring, Legal Practice, Litigation, Patents, Dorsey & Whitney LLP, Patent infringement, Monsanto
    Authors:
    Steven J. Wells , Timothy J. Droske
    Location:
    USA
    Firm:
    Dorsey & Whitney LLP
    Two circuits conclude that automatic bankruptcy stay does not prevent continuation of an infringement action of trademarks
    2012-08-30

    In the first decision, the U.S. Court of Appeals for the Sixth Circuit affirmed the district court decision, concluding that a defendant’s bankruptcy filing does not prevent the district court from ruling on a contempt motion for violation of a temporary restraining order protecting plaintiff’s trademarks.  Dominic’s Restaurant of Dayton, Inc. v. Mantia, Case Nos. 10-3376; -3377 (6th Circuit July 5, 2012) (Batchelder, C.J.; McKeague, J.; Quist, D.J., sitting by designation).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, McDermott Will & Emery, Bankruptcy, Injunction, Patent infringement, Contempt of court, Sixth Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    McDermott Will & Emery
    Weathering the storm: Qimonda, patent licenses and § 365(n)
    2011-11-08

    On October 28, 2011, the United States Bankruptcy Court for the Eastern District of Virginia issued an opinion in the Chapter 15 case of Qimonda AG (“Qimonda”).1 The bankruptcy court held that the application of § 365(n) to executory licenses to U.S. patents was required to sufficiently protect the interests of U.S. patent licensees under Chapter 15 of the Bankruptcy Code and that the failure of German insolvency law to protect patent licensees was “manifestly contrary” to United States public policy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Haynes and Boone LLP, Royalty payment, Bankruptcy, Debtor, Patent infringement, Discrimination, Testimony, Samsung, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    Robin E. Phelan , Randall E. Colson , Andrew S. Ehmke , Autumn D. Highsmith
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Bankruptcy court upholds patent protections in cross-border case
    2011-11-02

    On October 28, 2011, the United States Bankruptcy Court for the Eastern District of Virginia issued an opinion with significant ramifications for any holder of a patent license that operates internationally.  At issue was an important protection afforded to patent licensees under the United States Bankruptcy Code, § 365(n), which limits a debtor's right to reject intellectual property licenses in bankruptcy and generally provides that, in the event of a rejection, the licensee may elect either to treat the license as terminated or retain its rights for the duration of the license.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Patents, Wiley Rein LLP, Bankruptcy, Debtor, Patent infringement, Remand (court procedure), Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    James H. Wallace, Jr. , H. Jason Gold , Scott A. Felder , Dylan G. Trache
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Case study: in re Qimonda
    2011-11-02

    On Oct. 28, 2011, the United States Bankruptcy Court for the Eastern District of Virginia issued an opinion with significant ramifications for any holder of a patent license that operates internationally. At issue was an important protection afforded to patent licensees under the United States Bankruptcy Code - § 365(n).

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Patents, Wiley Rein LLP, Bankruptcy, Debtor, Patent infringement, Remand (court procedure), US Congress, Title 11 of the US Code, United States bankruptcy court, Fourth Circuit, US District Court for Eastern District of Virginia
    Authors:
    Dylan G. Trache , Scott A. Felder
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Computer developer in Madison, Wisconsin
    2011-10-13

    In re MicroBlade, LLC (Bankr. W.D. Wis.) Case no. 11-14981

    Filed under:
    USA, Wisconsin, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Patents, Telecoms, Trademarks, Greenberg Traurig LLP, Bankruptcy, Debtor, Patent infringement, Accounts receivable, Limited liability company, Personal property
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Separation of enforcement from ownership leaves no leg to stand on
    2007-10-30

    In a case involving a bankruptcy reorganization in which a trustee in bankruptcy was given the right to pursue claims of misappropriation or infringement (but not ownership of the bankrupt’s intellectual property), the U.S. Court of Appeals for the Federal Circuit reversed the district court finding that the no trustee had standing to bring suit. Morrow, et al. v. Microsoft Corp., Case Nos. 06-1512, -1518, -1537 (Fed. Cir., Sept. 19, 2007 (Moore, J.; Prost, J., dissenting).

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Litigation, McDermott Will & Emery, Royalty payment, Bankruptcy, Costs in English law, Patent infringement, Beneficiary, Standing (law), Liquidation, Exclusive right, Microsoft, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    McDermott Will & Emery
    Ninth Circuit pumps new life into section 105 injunctions
    2008-01-31

    While Bankruptcy Code section 105 grants broad powers to issue injunctions, most bankruptcy courts are reluctant to enjoin litigation in other venues. A recent ruling by the U.S. Court of Appeals for the Ninth Circuit follows this trend, reversing a preliminary injunction issued by a bankruptcy court staying arbitration proceedings between two nondebtor parties.

    However, the Ninth Circuit also articulated specific standards for when such a section 105 injunction may be obtained. In re Excel Innovations, Inc., 502 F.3d 1086, 2007 WL 2555941 (9th Cir. Sept. 7, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Shareholder, Surety, Debtor, Injunction, Patent infringement, Federal Reporter, Preliminary injunction, Aetna, Ninth Circuit, United States bankruptcy court, Fourth Circuit, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Reed Smith LLP
    In the matter of Antonio Barboza, et al. v. New Form, Inc
    2008-10-01

    USCA Ninth Circuit, September 23, 2008

    Click here for a copy of the full decision.

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Litigation, Media & Entertainment, Loeb & Loeb LLP, Bankruptcy, Debtor, Patent infringement, Copyright infringement, Debt, Cease and desist, Statutory damages, US Code, Title 11 of the US Code, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Loeb & Loeb LLP
    Consortium outbids Google for nortel patents
    2011-07-08

    A consortium uniting Apple, Inc. and Microsoft with other top players in the software, electronics and wireless handset industries outplayed Google in a bankruptcy court auction for Nortel’s patent portfolio, posting a winning offer of $4.5 billion for the trove of 6,000 patents that cover fourth-generation wireless, data networking, Internet, and semiconductor technologies.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Telecoms, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Patent infringement, Computer network, Consortium, Android (operating system), Apple Inc, Google, Sony, Ericsson, Microsoft, BlackBerry Limited, United States bankruptcy court
    Authors:
    Patrick S. Campbell
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP

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