Case Study: In Re Qimonda

Law360, New York (November 2, 2011, 3:04 PM EDT) -- On Oct. 28, 2011, the United States Bankruptcy Court for the Eastern District of Virginia issued an opinion with significant ramifications for any holder of a patent license that operates internationally. At issue was an important protection afforded to patent licensees under the United States Bankruptcy Code - § 365(n).

Section 365(n) is a limitation on a debtor’s right to reject intellectual property licenses in bankruptcy, and generally provides that in the event of a rejection, the licensee may elect either to treat the license as...
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