Bankruptcy Failed To Shield Accused Patent Infringer

Law360, New York (February 14, 2006, 12:00 AM EST) -- The U.S. Court of Appeals for the Federal Circuit has overturned a lower court’s decision that allowed a bankruptcy judge to shield a corporate debtor from allegations of patent infringement.

The plaintiff in the case accused the district court of improperly dismissing his suit, arguing that bankruptcy does not discharge liability for patent infringement that takes place after debts are discharged in a bankruptcy filing.

“Filing a petition for bankruptcy, and obtaining a discharge, does not void a complaint that had been filed against the bankrupt...
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