The Application of 365(n) to Cross-License Agreements

The Fourth Circuit's recent decision in <I>Jaffe v. Samsung Electronics Co., Ltd.</I> has drawn attention to the integral role section 365(n) of the Bankruptcy Code plays in protecting the rights of non-debtor counterparties to patent cross-license agreements.

18 minute readFebruary 25, 2014 at 04:12 PM
By
Jeff J. Marwil, Jeremy T. Stillings,
Brandon W. Levitan
The Application of 365(n) to Cross-License Agreements

In high-tech industries such as semiconductor manufacturing, the practice of engaging in broad patent cross-license agreements with competitors has become common. This practice has arisen from the recognition that the

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