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    Can a foreign bankruptcy upset the license of a U.S. patent? A court of appeals says “no”
    2014-05-31

    Since 1988, section 365(n) of the U.S. Bankruptcy Code has protected licensees of intellectual property from having their licenses rejected by an insolvent licensor.  While this statute addresses certain contingencies and exceptions, the basic rule is that an insolvent licensor is not free to terminate (or ‘reject’) an intellectual property license the way it is free to shed itself of other contracts.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Sunstein LLP, Bankruptcy
    Authors:
    Thomas C. Carey
    Location:
    USA
    Firm:
    Sunstein LLP
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