IP Licenses in Bankruptcy: Navigating Sec. 365 and Divergent Circuit Rulings
Strategies for Licensees and Licensors to Protect IP Interests
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 and trademarks in a bankruptcy.
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
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?
- What are the implications of Sunbeam Prods v. Chicago Am. Mfg. for trademark licensees when the licensor becomes a debtor in bankruptcy?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Victor A. Vilaplana
Foley & Lardner
Mr. Vilaplana is a member of the firm’s Bankruptcy & Business Reorganizations, International, and Latin... | Read More
Mr. Vilaplana is a member of the firm’s Bankruptcy & Business Reorganizations, International, and Latin America Practices and Automotive Industry Team. He focuses his practice on the handling of insolvency matters, particularly complicated business bankruptcies and international transactions. His experience includes representing multiple industries with Chapter 11 cases.Close
Jason B. Binford
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.Close