Intellectual Property and Trademarks in Bankruptcy
No bankruptcy lawyer can represent a high-tech debtor or a business that licenses consumer brands without understanding the interplay of intellectual property law and the Bankruptcy Code. For reorganizations with intellectual property issues, choice of venue is a critical early decision that can determine the outcome of a case. This program reviews the circuit-level split over the Catapult doctrine and discusses contractual and litigation solutions for the reorganization of debtor businesses that are dependent on critical patent inbound licenses. The program reviews the limits of protections for nondebtor patent and copyright licensees under Bankruptcy Code § 365(n) and discusses the recent circuit-level split over the effect of contract rejection on the rights of nondebtor trademark licensees.