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Expert Analysis

A Reminder Of The Limits Of Section 365(n) Protection

Law360, New York (December 1, 2015, 3:04 PM EST) -- A recent decision by the U.S. Bankruptcy Court for the District of New Hampshire serves as a good reminder that, although helpful, Bankruptcy Code Section 365(n)'s protection for intellectual property licensees definitely has its limits. That's especially true for a commercial agreement whose central purpose is something other than as a technology license. Since we don't get many Section 365(n) cases, let's examine this one more closely....

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