A Guide to Navigating the Impact of Bankruptcy on IP Licensing

By Robert Eisenbach and Evan Lazerowitz (August 15, 2022, 4:10 p.m. EDT) — With a potential recession on the horizon, intellectual property licensees may increasingly find their licensors seeking protection in under Chapter 11 of the Bankruptcy Code.

For many companies, especially those in the life sciences and technology sectors, intellectual property, including licensed intellectual property, can be their most valuable asset.

It is therefore essential that licensors and licensees of intellectual property understand how their licenses will be treated in the event of bankruptcy and consider ways to protect their license rights in the event of bankruptcy.

This article explores some of the important questions left open by the United States Supreme Court’s landmark 2019 decision in Mission…

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