IP Licenses in Bankruptcy
Strategies for Licensees and Licensors to Protect IP Interests Under the Code
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide IP licensor, licensee and bankruptcy counsel with a thorough briefing on the Bankruptcy Code provisions governing IP licenses. The panel will analyze the issues from all perspectives, discuss key recent court decisions, and outline best practices for dealing with IP licenses in a bankruptcy estate.
Outline
- Overview of bankruptcy code sections applicable to IP
- Definitions of IP
- Treatment of trademarks
- Analysis of definition of executory contract as applied to IP licenses
- Debtor as licensor
- Analysis of section 365(n)
- Licensor rejects contract
- Cost of licensee retaining rights
- Obligations of licensor
- Debtor as licensee
- Inapplicability of section 365(n)
- Assignability of license
- Assumability of license
- Result of rejection
Benefits
The panel will review these and other key questions:
- What factors will courts consider in determining whether an IP license is truly an executory contract?
- What special rights are accorded licensees under Section 365 of the Bankruptcy Code?
- What are the continuing obligations of a debtor licensor after rejecting a license agreement?
- Can a debtor licensee assign an IP license over the licensor's objection?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Jason B. Binford
Atty
Kane Russell Coleman & Logan
Mr. Binford's experience includes representation of debtors and creditors in large to mid-size Chapter 11 and... | Read More
Mr. Binford's experience includes representation of debtors and creditors in large to mid-size Chapter 11 and Chapter 7 cases. He has significant familiarity and expertise in issues unique to vendor creditors and has developed several niche areas of experience regarding 363 sales, intellectual property issues and landlord/tenant issues.
CloseCharles H. Jeanfreau
Special Counsel
Covington & Burling
His practice focuses on bankruptcy restructuring and reorganizations and on secured finance. His restructuring... | Read More
His practice focuses on bankruptcy restructuring and reorganizations and on secured finance. His restructuring practice includes both chapter 11 reorganizations and out of court restructurings. He regularly represents Calyon New York Branch and Wilmington Trust Company in connection with the workout of distressed assets.
CloseJeffrey S. Berkowitz
Counsel
Gibbons
He has extensive experience representing privately and publicly held companies in various complex commercial,... | Read More
He has extensive experience representing privately and publicly held companies in various complex commercial, bankruptcy, product liability and class action litigation. He has also represented trustees in bankruptcy matters involving substantial judgments and has defended major manufacturers in asbestos litigation and products liability actions.
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