U.S. Supreme Court Passes Up Opportunity to Settle Split of Authority on Assignability of IP Licenses in Bankruptcy: How Best to Deal with the Ongoing Uncertainty
Mark Berman, Lee Harrington and Lesley Varghese - Nixon Peabody LLP
August 31, 2009
The U.S. Supreme Court recently declined an opportunity to address a long-standing split of authority among the circuit courts as to which test should be applied by bankruptcy courts when asked to determine whether an intellectual property license can be assumed by a debtor in possession under Section 365(c)(1) of the Bankruptcy Code.
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