Posts Tagged: bankruptcy


In Mission Product Ruling, Supreme Court Clarifies Longstanding Circuit Split on Effects of Bankruptcy on Trademark Licenses

As predicted, the U.S. Supreme Court has ruled that a debtor’s rejection of a license agreement in bankruptcy proceedings does not mean the licensee no …
By IPWatchdog
5 months ago 0

Mission Product Oral Argument Promises Certainty on Long Unresolved Question

Mission Product Holdings v. Tempnology was argued last week at the Supreme Court and seeks to solve a circuit split regarding the effects of bankruptcy proceedings on …
By IPWatchdog
8 months ago 0

Mission Product: SCOTUS Appears Skeptical That Bankrupt Licensor’s Rejection of Trademark License Means Licensee Can’t Use the Mark

On Wednesday, February 20, the U.S. Supreme Court heard oral arguments in Mission Product Holdings, Inc. v. Tempnology, LLC, where the Court was asked to address one …
By Jasmine Ball & Jeffrey Cunard
8 months ago 0

Supreme Court to Determine if Bankruptcy Code Allows Debtor to Terminate Trademark License Rights

The U.S. Supreme Court has agreed to hear Mission Product Holdings Inc. v. Tempnology, LLC on appeal from the Court of Appeals for the First Circuit. …
By Steve Brachmann
11 months ago 2

Don’t Complicate Things: Existence of a License Comes Down to the Terms of a Contract

In a case located at the intersection of bankruptcy and IP law, the Third Circuit ruled that, under the terms of a contract, Walt Disney Studios Motion …
By Paige H. Forster
5 years ago 1

Playboy’s Trademark and False Advertising Complaint Dismissed

Playboy Enterprises International, Inc. v. Play Beverages, LLC, et al., U.S. District Judge S. James Otero has granted the Defendants' Motion to Dismiss on the basis …
By Adrienne Kendrick
7 years ago 0

DOJ: Patent Licenses Should Discharge in Bankruptcy

The dispute at issue here regarding Qimonda arose when the company went bankrupt and seven licensees invoked the protection of § 365(n) to retain patent rights. This became …
By Gene Quinn
7 years ago 8

Kodak Agrees to Financing, Must Sell Patents for $500 Million

The financing commitment Kodak received is composed of new term loans of $476 million, as well as term loans of $317 million issued in a dollar-for-dollar exchange for amounts …
By Gene Quinn
7 years ago 1

Kodak: No Decision on Patent Sale, May Keep Patents

Kodak is continuing discussions with parties interested in acquiring the patents offered for sale through the court approved auction procedure.  These patents relate to the company's digital …
By Gene Quinn
7 years ago 1

Kodak Authorized to Sell Patent Assets in Bankruptcy

Even if the dispute with Apple and FlashPoint has not been fully resolved by the time of the final sale of the patent assets Kodak may still …
By Gene Quinn
7 years ago 2

Kodak Moves to Sell Patents in Bankruptcy Without Minimum Bid

The time has now come for Kodak to attempt to shed its non-strategic patents with the sale of roughly 10% of the overall Kodak patent portfolio.  Without an …
By Gene Quinn
7 years ago 5

Nobel Prize Scientist Not Enough for Bankrupt Solar Company

Just because a company has a patent portfolio and interesting technology does not mean that the portfolio, or the company behind the portfolio, will be able to …
By Gene Quinn
7 years ago 7

Patent Lawsuits Extreme: Household Names Compete for Customers, Brand Reputation and Innovative Technologies

But how exactly do patents do all of these wonderful things for companies? Unlike trademarks and copyrights, patents are incredibly difficult to acquire. But a patent, once …
By Danee Garone
7 years ago 0

Supreme Court Ignores US Constitution

By now you have probably heard that the United States Supreme Court lifted the stay Ordered by Justice Ginsberg late on Monday and the bankruptcy deal that …
By Gene Quinn
10 years ago 11