Ch. 15 Courts Not Bound By Foreign IP Law, Licensees Say

Law360, New York (July 11, 2014, 6:36 PM EDT) -- U.S. patent licensees of bankrupt German semiconductor manufacturer Qimonda AG have urged the U.S. Supreme Court to reject its Chapter 15 representative’s attempt at compelling U.S. bankruptcy courts to follow foreign insolvency laws when evaluating intellectual property contracts.

The respondents said that the Fourth Circuit properly upheld a bankruptcy court ruling applying a provision of Chapter 15 that lets licensees of a bankrupt entity keep their existing contracts. The appeals court effectively allowed the Qimonda licensees to retain the licenses despite an earlier German court order...
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