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Statute

Bankruptcy Code Section 365(n)

15 published works

  1. IP Intelligence

    <i>Mission Products v. Tempnology:</i> Is Bankruptcy the End for Trademark Licenses?

    By C. Dennis Loomis

    Oral argument before the Supreme Court was held on February 20 in the much-watched and even more intensely discussed trademark dispute Mission Product Holdings, Inc. v. Tempnology, LLC.[i] The case…

  2. Restructuring Globalview

    Are Trademark Licenses Protected In A Licensor Bankruptcy? The Circuits Are Split.

    By Mark Salzberg

    Certain licensees of intellectual property are expressly given expanded rights when their licensors file bankruptcy.  But what about trademark licensees?  Trademarks are not among the defined categories of “intellectual property”…

  3. In The (Red)®

    Throwing Shade At Sunbeam: Following Lubrizol And Not The Seventh Circuit, The First Circuit Leaves Another Trademark Licensee Rejected And Out Of Luck

    By Bob Eisenbach

    The Tempnology Trademark Saga. When it comes to decisions on bankruptcy and trademark licenses, the In re Tempnology LLC bankruptcy case is the gift that keeps on giving. The Original. It all…

  4. Marks, Works, and Secrets

    First Circuit BAP Protects Trademark Licensees In Bankruptcy Despite Section 365(n)

    By Ira S. Sacks, Julia R. Lissner

    The First Circuit recently issued an important interpretation of bankruptcy law that directly impacts trademark licensing rights. In In re Tempnology LLC, 559 B.R. 809 (1st Cir. BAP 2016), the…

  5. In The (Red)®

    A Reminder Of The Limits Of Section 365(n)’s Licensee Protection

    By Bob Eisenbach

    A decision last month by the U.S. Bankruptcy Court for the District of New Hampshire serves as a good reminder that, although helpful, Bankruptcy Code Section 365(n)'s protection for intellectual property…

  6. In The (Red)®

    U.S. Supreme Court Denies Review In Jaffe v. Samsung, Letting Stand The Fourth Circuit’s Decision Applying Section 365(n) To Protect Licensees In A Chapter 15 Bankruptcy Case

    By Bob Eisenbach

    On Monday, October 6, 2014, the U.S. Supreme Court issued an order denying the petition for a writ of certiorari in the Jaffe v. Samsung case, also known as the…

  7. In The (Red)®

    In A Reversal, Eighth Circuit Sitting En Banc Protects Trademark Licensee Whose Licensor Went Bankrupt

    By Bob Eisenbach

    Image courtesy of  Kazuhisa Otsubo Trademark Licenses At Risk. I have written a number of times on the blog about the impact of bankruptcy on trademark licenses, with a special focus…

  8. In The (Red)®

    Patent Reform Bill, And Its Revisions To Bankruptcy Code Section 365(n), Stalls In The Senate

    By Bob Eisenbach

    Image courtesy of Matt H. Wade In December 2013 I wrote about the Innovation Act, H.R. 3309, a bill focused on patent infringement litigation and other patent law reforms that…

  9. In The (Red)®

    Innovation Act, Passed By The House, Would Make Major Changes To Section 365(n)’s IP Licensee Protections

    By Bob Eisenbach

    It isn't law yet, but on December 5, 2013, the U.S. House of Representatives passed a significant patent reform bill known as the "Innovation Act." Although the focus of the legislation is…

  10. In The (Red)®

    When Worlds Collide, The Sequel: Fourth Circuit Rules On Section 365(n)’s IP Licensee Protections In Chapter 15 Cross-Border Bankruptcy

    By Bob Eisenbach

    My how time flies in protracted bankruptcy litigation. More than four years ago, as I reported back at the time, the Bankruptcy Court in the Chapter 15 cross-border bankruptcy case of Qimonda AG issued…