Managing Intellectual Property in Bankruptcy




About the Course:

This seminar provides a thorough overview of the rights and risks of licensors and licensees that are subject to bankruptcy proceedings. Insight into how various intellectual asset classes–patents, trademarks, copyrights and trade secrets–are affected by bankruptcy filings is provided.

Among the issues discussed during this webinar are:

  • Why might the value of patents decline when the patent holder files for bankruptcy protection?
  • What is an executory contract? What is the significance of executory contracts in the context of bankruptcy proceedings?
  • What are the consequences for a licensee if a bankrupt licensor rejects the license?
  • What must a licensee do if he wishes to practice patents from a bankrupt licensor that has rejected the license?
  • What are the risks for a licensor in terms of licensees assigning licenses to competitors of the licensor?
  • How is the bankruptcy auction process determined?
  • What priority will infringement damages awards against infringers have when the infringer is in bankruptcy?
  • How are patent re-exams and post-grant oppositions affected by bankruptcy filings?
  • Can insolvency be a legitimate reason for license termination?
  • To what degree are trademark licenses assignable when licensees are in bankruptcy?
  • How can trade secrets be preserved when disclosure is necessary in the context of a bankruptcy proceeding?

Course Leader: Michael R. Annis, Partner, Husch Blackwell LLP Through intellectual property consultation and litigation, Mike protects critical business information and intellectual property for a variety of clients across the country. He defends and prosecutes instances of patent infringement and works to protect trademarks, trade secrets and copyrights.

Over the course of his 20 years in practice, Mike has represented clients in a diverse range of industries and technologies, such as building products, consumer goods, military garments and equipment, agricultural equipment and pharmaceutical and biotechnology products.

He has represented numerous entities in cases involving trademark and service mark infringement, unfair competition and dilution. He regularly secures and defends against temporary restraining orders and preliminary injunctions.

Course Length: Approx. 1.0 hours

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