4th Circ. Urged To Prevent Bankruptcy-Voided IP Licenses

Law360, New York (November 20, 2012, 3:42 PM EST) -- An intellectual property trade association filed an amicus brief Monday urging the Fourth Circuit to affirm a Virginia bankruptcy court's ruling that the Bankruptcy Code's protections cover patents licensed in the U.S. from foreign companies.

The Intellectual Property Owners Association said the lower court's ruling that U.S. companies that license patents from a foreign company that goes bankrupt can continue using the patents after the bankruptcy, even when those protections are not available under the foreign law applicable to the debtor, should stand.

The group filed...
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