In an effort to provide insight into questions about the ability to assume, or assume and assign, intellectual property licenses through the bankruptcy process, Chapman attorney Peter Bach-y-Rita co-authored a recent article in the American Bankruptcy Institute Law Review. Some have argued that it is well settled that nonexclusive patent, copyright and trademark licenses are non-assignable in bankruptcy; however, the law may be less well settled than it appears.
This article was originally published by the American Bankruptcy Institute Law Review. The article is posted with permission.