is Of Counsel with Womble Bond Dickinson. She focuses her practice on restructuring, bankruptcy and creditors’ rights matters. She represents a wide range of clients, including financial institutions, funds, sureties, receivers, landlords, businesses, suppliers and contract counterparties, purchasers and high-net-worth individuals, both inside and outside of bankruptcy court. In the syndicated loan arena, she works with agents and participating lenders to address distressed debt facilities.
While many patent litigators have no plans to litigate in bankruptcy court, it is a possibility if the infringer of a client’s patent files for bankruptcy. The United States Bankruptcy Court for the Eastern District of Wisconsin recently conducted a Markman hearing. How did that happen? After being sued for patent infringement in district court, the alleged infringer sought refuge in the bankruptcy court, staying the district court litigation. The plaintiff then filed a claim in the defendant’s bankruptcy case, which ultimately triggered the bankruptcy court’s jurisdiction. While rare, other bankruptcy courts have conducted claim construction proceedings. As discussed herein, the bankruptcy court ultimately granted a joint request for vacatur, prompting us to revisit the doctrine of vacatur.