Bankruptcy Protections Cover Qimonda's US Patents

Law360, New York (October 31, 2011, 5:48 PM EDT) -- In an issue of first impression, a Virginia bankruptcy judge found Friday that the Bankruptcy Code’s protections cover Munich-based Qimonda AG’s U.S. patents, a victory for U.S. licensees who claimed German insolvency law didn’t provide the protections warranted by public policy.

U.S. Bankruptcy Judge Stephen S. Mitchell denied a motion by Dr. Michael Jaffe, the foreign representative in the cross-border bankruptcy, to eliminate or restrict the applicability of Section 365(n) of the Bankruptcy Code.

The dispute hinged on whether the German law’s shortcomings — the country’s...
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