Strategies For Purchasing IP Assets From Distressed Owners

Law360 (June 24, 2020, 2:44 PM EDT) -- Given the current economic conditions, more companies may need to pursue bankruptcy protection over the next few years to restructure their finances.

This article explores how intellectual property law intersects with bankruptcy law — with a focus on the perspective of potential acquirers of intellectual property in a bankruptcy sale. Distressed companies in bankruptcy or prebankruptcy may present opportunities for third parties to strategically acquire assets.

We first introduce some basic bankruptcy concepts. Next, we discuss potential benefits and drawbacks of purchasing intellectual property through the bankruptcy sale process. Finally, we propose different approaches for identifying intellectual property and becoming part...

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