How To Sell Intellectual Property During Bankruptcy

Law360, New York (November 27, 2013, 1:37 PM EST) -- Sales of intellectual property in bankruptcy can be divided into two categories based upon whether the debtor is the owner/licensor of the IP or, alternatively, whether a third party owns the IP and the debtor is merely a licensee. As a general matter, IP licenses are usually considered to be “executory” in nature and thus may be assumed and assigned to a buyer under Sections 365 and 363 in a bankruptcy sale.

Lubrizol Enterprises Inc. v. Richmond Metal Finishers Inc., 756 F.2d 1043, 1045 (4th Cir....
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.