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Jones to Speak on Bankruptcy and IP License Enforcement

October 1, 2009

O'Melveny partner Evan Jones will present at Publications' CLE webinar, "Bankrupt Licensees and Licensors: Strategies for IP License Enforcement," on October 1 at 10:00am PDT.

The Bankruptcy Code has a significant impact on the enforceability of IP license agreements. Challenges arise in the context of assumption, assignment or rejection of executory IP licenses. The rules are complex and differ according to whether the debtor is the licensor or licensee.

Jones will participate on a panel of experienced bankruptcy lawyers who will review the Bankruptcy Code provisions governing IP licenses, analyze the issue from both the licensor's and licensee's perspectives, discuss recent court decisions, and offer best practices for dealing with IP licenses in a bankruptcy estate.

The panel will review these and other key questions:

  • What factors will courts consider in determining whether an IP license is truly an executory contract?
  • What special rights are accorded licensees under Section 365 of the Bankruptcy Code?
  • What are the continuing obligations of a debtor licensor after rejecting a license agreement?
  • Can a debtor licensee assign an IP license over the licensor's objection?