Chapter 15 Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2016

Bob Eisenbach — Thu, 01 Dec 2016 14:39:28 +0000

Just about every year changes are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The revisions address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. Key Rule Amendments. This year the rule amendments address the continuing impact of the Stern v. Marshall case on bankruptcy…

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Major Overhaul Of Federal Bankruptcy Forms, Plus An Accompanying Rule Amendment, To Take Effect December 1, 2015

Bob Eisenbach — Tue, 17 Nov 2015 15:43:35 +0000

Almost every year, changes are made to the set of rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The changes address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. Often there are revisions to the official bankruptcy forms as well. One Little Rule Amendment? This year’s amendments impact…

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U.S. Supreme Court Denies Review In Jaffe v. Samsung, Letting Stand The Fourth Circuit’s Decision Applying Section 365(n) To Protect Licensees In A Chapter 15 Bankruptcy Case

Bob Eisenbach — Mon, 06 Oct 2014 18:47:32 +0000

On Monday, October 6, 2014, the U.S. Supreme Court issued an order denying the petition for a writ of certiorari in the Jaffe v. Samsung case, also known as the Qimonda case. The Supreme Court let stand the Fourth Circuit’s December 2013 decision that affirmed the bankruptcy court’s order applying Bankruptcy Code Section 365(n) in a Chapter 15 cross-border bankruptcy case. For a full discussion…

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A Closer Look At Recent Trends At The Intersection Of Intellectual Property And Bankruptcy Law

Bob Eisenbach — Tue, 09 Sep 2014 14:53:59 +0000

I had the honor of being a panelist at the American Bankruptcy Institute‘s 22nd Annual Southwest Bankruptcy Conference last Friday, speaking on current developments in business bankruptcy. My part of the discussion focused on recent intellectual property and bankruptcy law trends. Among the topics I covered were: For those who couldn’t attend the conference, you can follow the link in this…

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Patent Reform Bill, And Its Revisions To Bankruptcy Code Section 365(n), Stalls In The Senate

Bob Eisenbach — Thu, 22 May 2014 17:52:19 +0000

Image courtesy of Matt H. Wade In December 2013 I wrote about the Innovation Act, H.R. 3309, a bill focused on patent infringement litigation and other patent law reforms that passed the House of Representatives on a bipartisan basis. My interest in the bill was because it would make the most sweeping changes to the treatment of intellectual property licenses in bankruptcy since the 1988…

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Innovation Act, Passed By The House, Would Make Major Changes To Section 365(n)’s IP Licensee Protections

Bob Eisenbach — Tue, 17 Dec 2013 12:35:06 +0000

It isn’t law yet, but on December 5, 2013, the U.S. House of Representatives passed a significant patent reform bill known as the "Innovation Act." Although the focus of the legislation is on patent infringement litigation and other patent law revisions, the Innovation Act, H.R. 3309, would also make major changes to Section 365(n) of the Bankruptcy Code. Follow the link in the prior sentence for…

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When Worlds Collide, The Sequel: Fourth Circuit Rules On Section 365(n)’s IP Licensee Protections In Chapter 15 Cross-Border Bankruptcy

Bob Eisenbach — Tue, 10 Dec 2013 14:41:20 +0000

My how time flies in protracted bankruptcy litigation. More than four years ago, as I reported back at the time, the Bankruptcy Court in the Chapter 15 cross-border bankruptcy case of Qimonda AG issued its first decision on the application of Section 365(n) in that case. After an initial appeal, a four-day trial on remand, and another appeal, last week the U.S. Court of Appeals for the Fourth…

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Amendments To Federal Bankruptcy Rules, Official Forms, And Federal Rules Of Evidence Are Now In Effect

Bob Eisenbach — Thu, 01 Dec 2011 12:20:24 +0000

Bankruptcy Rule Amendments. As reported in a post last month, this year’s amendments to the Federal Rules of Bankruptcy Procedure have now taken effect today, December 1, 2011. Amended Official Bankruptcy Forms. In addition to the national bankruptcy rules, revisions have been made to a number of the official bankruptcy forms. This sentence contains a link to a set of these updated official…

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Amendments To The Federal Bankruptcy Rules, Including Rule 2019, To Take Effect December 1, 2011

Bob Eisenbach — Wed, 16 Nov 2011 14:46:28 +0000

Almost every year, changes are made to the set of rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The changes address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. There are seven amendments to the national bankruptcy rules this year. Some affect bankruptcy cases involving individuals but…

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When Worlds Collide: Do Section 365(n) IP Licensee Rights Work In A Chapter 15 Cross-Border Bankruptcy?

Bob Eisenbach — Tue, 19 Jan 2010 12:28:10 +0000

Section 365(n) And Licensee Rights. I have discussed in the past how Section 365(n) was added to the Bankruptcy Code to protect licensees of intellectual property in the event the licensor files bankruptcy. Limits Of Section 365(n). These protections, however, have their limits. One limitation comes from the fact that the Bankruptcy Code’s special definition of "intellectual property"

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