IP Issues in Bankruptcy: Identification, Treatment, Valuation, and Monetization
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss the identification, valuation, treatment, and monetization of intellectual property in bankruptcy and restructuring for licensors and licensees, and offer best practices for debtors and non-debtors seeking to protect and get the highest value for their rights in IP in bankruptcy.
Outline
- Identifying valuable intellectual property in bankruptcy
- Bankruptcy Code definition of intellectual property
- Traditional IP
- Newer forms of IP
- NIL
- Memes
- Blockchain
- AI-driven assets
- Tokens
- Key issues to look for in the license agreements
- Rights of debtors and counterparties in four recurring fact patterns
- Debtor as licensee under an exclusive IP license
- Debtor as licensee under a non-exclusive IP license
- Debtor as licensor under an exclusive IP license
- Debtor as licensor under a non-exclusive IP license.
- Section 363 sales
- Assumption and assignment of IP
- Rights of debtors and counterparties in four recurring fact patterns
- Key cases
Benefits
The panel will review these and other important issues:
- What happens if the debtor does not immediately reject an IP agreement?
- What are the risks of selling a license agreement when supply or other material obligations remain with the seller?
- How are new forms of IP treated in bankruptcy?
Faculty
Cortlan S. Hitch
Attorney
Morris James
Mr. Hitch is an attorney in the firm's Intellectual Property Litigation Group. He concentrates his... | Read More
Mr. Hitch is an attorney in the firm's Intellectual Property Litigation Group. He concentrates his practice on patent litigation, trademark litigation, and intellectual property counseling. Mr. Hitch frequently represents companies in Hatch-Waxman litigations and other high-profile patent disputes in the District of Delaware. He is a contributor to the ABA’s ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators, now in its third edition, AIPLA and Bloomberg Law’s Evidence in Patent Cases, the ABA’s Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio, and ALFA International’s Business Litigation – Patent Quick Reference Guide. Mr. Hitch is also a co-editor of Biosimilars Litigation and Client Counseling.
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Evan M. Lazerowitz
Counsel
Robinson & Cole
Mr. Lazerowitz's practice focuses on Chapter 11 bankruptcy cases, with a particular emphasis on the... | Read More
Mr. Lazerowitz's practice focuses on Chapter 11 bankruptcy cases, with a particular emphasis on the technology, mass tort, life sciences, healthcare, and retail sectors. His practice has included representations of creditors’ committees, debtors, distressed asset purchasers, landlords, individual creditors, and secured lenders in Chapter 11 cases. Mr. Lazerowitz also has significant experience handling bankruptcy appeals, investigating and pursuing fraudulent transfers and other causes of action for the benefit of bankruptcy estates, and litigating cutting-edge intellectual property issues that arise in distressed situations.
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Andrew L. Reibman
Partner
K&L Gates
Mr. Reibman represents clients in intellectual property matters, including patent and trademark preparation and... | Read More
Mr. Reibman represents clients in intellectual property matters, including patent and trademark preparation and prosecution, IP licensing and corporate transactions, and IP litigation. He has a strong technical and business background and long experience in both patent and trademark prosecution and contentious matters. Mr. Reibman advises clients on IP strategy, setting up or improving IP creation programs, licensing, IP clearance for new products, IP issues and diligence related to corporate transactions, and planning IP enforcement programs. He has also handled many sales and purchases of IP assets, including a number of bankruptcy-related transactions. Mr. Reibman has extensive business experience in software and telecommunication networks and worked eight years at AT&T Bell Laboratories. He frequently represents clients, from high tech startups to large enterprises, who have legal issues related to computer software, hardware, and networks. Relevant computer technologies he has worked with include operating systems, cloud computing, virtualization, databases and data warehousing, fault-tolerant computing, network architecture and routing, wireless LANs, network testing, system and network administration, RAM and flash memory, fault detection, security and encryption, cable television, optoelectronics and optical communication, semiconductors, computer architecture, disk drives and storage architecture, image and signal processing, machine learning and pattern recognition, RFID, fintech, digital advertising and marketing, and online betting and gaming.
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