IP Licenses in Bankruptcy: Navigating the Circuit Split After Tempnology
Strategies for Licensees and Licensors to Protect IP Interests Under the Code
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will guide IP licensor, licensee and bankruptcy counsel on the impact of the Bankruptcy Code on IP license agreements. The panel will examine the recent First Circuit Court of Appeal’s decision creating a circuit split as well as other recent cases. The panel will analyze the issues from all perspectives and outline best practices for addressing IP licenses in bankruptcy proceedings.
- Impact of Bankruptcy Code on IP license agreements (rejection, assumption and assignment, retention of license rights)
- Treatment of trademarks
- Analysis of definition of executory contract as applied to IP licenses
- Debtor as licensor
- Recent court treatment and circuit split
- Mission Product Holdings Inc. v. Tempnology LLC (1st Cir. 2018) and similar court cases
- Sunbeam Products (7th Cir. 2012) and similar court cases
- Debtor as licensee
- Ipso facto clauses
- Assumption and assignment
The panel will review these and other high priority questions:
- What are the implications of Mission Product Holdings Inc. v. Tempnology for trademark licensees when the licensor becomes a debtor in bankruptcy?
- What special rights are accorded licensees under Section 365(n) 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?
Cleary Gottlieb Steen & Hamilton
Mr. Ilan’s practice focuses on intellectual property law, as well as cybersecurity and privacy. He has... | Read More
Mr. Ilan’s practice focuses on intellectual property law, as well as cybersecurity and privacy. He has significant experience in representing leading multinational corporations and private equity firms in IP, technology and privacy issues arising in transactional contexts, particularly transactions involving acquisition of or investment in IP, data and various technologies. Mr. Ilan is a frequent author and speaker on IP and cybersecurity topics and has worked extensively on IP in bankruptcy matters.Close
David M. Posner
Kilpatrick Townsend & Stockton
Mr. Posner focuses his practice on bankruptcy and insolvency matters. He represents companies, creditors’... | Read More
Mr. Posner focuses his practice on bankruptcy and insolvency matters. He represents companies, creditors’ committees, chapter 11 trustees, acquirers, financial institutions, and other significant parties-in-interest in complex reorganizations and financially distressed situations as well as debtor/creditor rights, and commercial litigation. He also has substantial litigation experience representing both plaintiffs and defendants in complex commercial litigation inside the context of complex reorganization cases, and in state and federal courts across the country.Close
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