Intellectual Property Law

New Matter SPRING 2016, Volume 41, Number 1

Remedies When Infringers File Bankruptcy

MICHAEL V. BLUMENTHAL

Thompson & Knight

VIRTUALLY EVERY COMPANY UTILIZES TECHNOLOGY and intellectual property in its business operations. Many debtors enter into bankruptcy proceedings as infringers without licensing agreements and attempt to utilize the bankruptcy process to avoid the consequences of their actions. Owners of copyrights, trademarks and patents must be resolute in asserting their rights and claims in the infringer’s bankruptcy case. This article addresses the intersection of intellectual property and bankruptcy law and the effect of a bankruptcy case on infringement claims.

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