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Expert Analysis

Extending Bankruptcy Patent Protection — In Re Qimonda

Law360, New York (November 16, 2011, 4:15 PM EST) -- In a case of first impression, In re Qimonda AG, the Bankruptcy Court for the Eastern District of Virginia found that the protections of Section 365(n) of the Bankruptcy Code are available to licensees of U.S. patents in a Chapter 15 case, even when these protections are not available under the foreign law applicable to the foreign debtor. The bankruptcy court found that a refusal to apply Section 365(n) was "manifestly contrary to the public policy of the United States" and results in the licensees not being "sufficiently protected."[1]...

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