LexisNexis® Legal Newsroom
Intellectual Property Issues in Bankruptcy

The bankruptcy of a party to an intellectual property license agreement triggers the Bankruptcy Code’s provisions concerning the debtor’s rights to assume, assume and assign, or reject an executory contract. To rehabilitate a debtor and maximize value to creditors, the bankruptcy court will...

Auction Block: DOE Asserts Ownership and Tries to Stop Sale of Evergreen Ribbon Patents

By Eric Lane I previously wrote about the patents for sale as a result of the bankruptcy of Massachusetts PV company Evergreen Solar. Those patents include U.S. Patents Nos. 6,814,802 , 7,022,180 and 7,507,291 , each entitled "Method and apparatus for growing multiple crystalline ribbons from...

Protections for Intellectual Property Licensees in Cross-Border Insolvencies

On October 28, 2011, the U.S. Bankruptcy Court for the Eastern District of Virginia issued an important decision for intellectual property licensees, and creditors generally, in cross-border insolvency proceedings. In this Analysis, John D. Sigel, George W. Shuster Jr., Benjamin Loveland and Meg McKenzie...

Troutman Sanders LLP: Bankrupt Patentee Loses Standing to Pursue Infringement Action

By Dabney Carr A recent decision by Judge Spencer in the Eastern District of Virginia points out that patentees which file for bankruptcy during the pendency of an action must act promptly to preserve standing. Qimonda AG v. LSI Corp. , Case No. 3:08CV 735, 2012 U.S. Dist. LEXIS 30559 (E.D.Va....

Kodak Fails in Attempting Quick Bankruptcy Sale of Apple's Alleged Patents

Last Friday, bankrupt Eastman Kodak was dealt a setback in its attempt to sell patents related to digital cameras. Ownership of these patents (ten digital imaging patents) have been put into dispute by Apple and Flashpoint Tech. Kodak had requested an order to aid of its planned sale and finding...