SCOTUS Review: Mission Product Holdings v. Tempnology

In this program, Tarter Krinsky & Drogin attorneys Rocco Cavaliere, a partner in the Bankruptcy and Corporate Restructuring Practice, and Amy Goldsmith, Co-Chair of the Intellectual Property Practice, explain what can happen to intellectual property assets in a Chapter 11 bankruptcy proceeding. Mr. Cavaliere and Ms. Goldsmith will first review the treatment of copyright and patent licenses under section 365(n) of the Bankruptcy Code. Then they will focus on the recent Supreme Court decision resolving a circuit split. In Mission Product Holdings, Inc. (2019),  the Court favored protection of the trademark licensee after the bankruptcy court rejection of the trademark license. Lastly, Mr. Cavaliere and Ms. Goldsmith will discuss how intellectual property licensors and licensees may negotiate new licenses or amend existing licenses in light of Mission Product and other cases.

Learning Objectives:

1. Discuss patents, copyrights and trademarks in the context of the Bankruptcy Code
2. Review cases involving the treatment of patents and copyrights in bankruptcy
3. Break down the decision in Mission Product Holdings, Inc. v. Tempnology, LLC
4. Identify best practices for licensors and licensees when negotiating IP licenses