In The News
| June 29, 2010
Patent Licensees: Beware Impact of Licensor Bankruptcy
Patent, copyright and trade secret licensees, and the licensing professionals representing them, have taken comfort in the protection afforded by §365(n) of the Bankruptcy Code since its enactment. In the event of the licensor’s bankruptcy, the license would survive.
But a closer examination reveals key areas where this comfort is unwarranted. Consequently, a licensee should approach a licensor in a weak or potentially weak financial position with great caution before investing in, and building a business around or business line based on, the in-licensed technology.
For more information, please contact your Dewey & LeBoeuf relationship partner, or one of the following:
This memorandum is intended only as a general discussion of these issues. It is not considered to be legal advice. We would be pleased to provide additional details or advice about specific situations. For additional information on this important topic, please feel free to call upon your Dewey & LeBoeuf relationship partner. No part of this publication may be reproduced, in whole or in part, in any form, without our prior written consent.
For further information on Dewey & LeBoeuf, please visit www.dl.com. +1 888 532 6383