The Intersection of Intellectual Property Law and Bankruptcy Law

Learn the complexities that arise from the intersection of intellectual property and bankruptcy law, and their extensive implications on intellectual property litigation, licensing, and asset sales.
Legal / Regulation & Compliance

Intellectual Property Bankruptcy ExecSense

Format          60 Minute Lesson
Chapters       7
Skill Level     New to Topic
Audience      General Counsel
Includes       Access for 1 year. Stream on all devices.

Course Description

In this lesson, ExecSense examines the complex issues that arise from the intersection of intellectual property law and bankruptcy law, and their wide-reaching implications for intellectual property litigation, licensing, and asset sales.

This lesson is led by two experts on the topic, Eric Winston (Partner) and Robert Hill (Associate) of Quinn Emanuel Urquhart & Sullivan LLP, and focuses on the risks and opportunities to both debtors and non-debtors when intellectual property litigation, licensing, or asset sales occur in the context of an actual or possible bankruptcy.

In this 60-minute session, you will learn:

  • Fundamental aspects of the US Bankruptcy Code and its effects on debtors and creditors.
  • How “intellectual property” is defined and treated in the US bankruptcy Code, and the important—and sometimes surprising—effects of the Code on intellectual property licensing.
  • How licensing considerations vary depending on whether the debtor is licensor or licensee, and the important effects of Circuit splits and international considerations on the treatment of licenses.
  • Proposed changes to the US Bankruptcy Code related to intellectual property issues.
  • Critical considerations for intellectual property litigation in the context of bankruptcy, including a discussion of the differing treatment of pre- and post-petition claims.
  • Special issues related to the sale of intellectual property assets in the context of bankruptcy.
  • Practical “Do’s and Don’ts” to help you or your client minimize risks and maximize opportunities when faced with issues at the intersection of intellectual property and bankruptcy law.

Take advantage of your next commute, lunch, or free hour in your schedule to view this lesson at your own convenience. Customer satisfaction 100% guaranteed.*

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ExecSense Speakers

Eric Winston (Partner) and Robert Hill (Associate)
Quinn Emanuel Urquhart & Sullivan LLP
Bankruptcy & Intellectual Property Litigation

Mr. Winston’s practice includes all areas of corporate insolvency and reorganization and insolvency and valuation related litigation. He frequently speaks at panels and conferences around the country and has guest lectured at Loyola and University of Southern California law schools.

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He has written several law review articles, co-authored a chapter, is the LEXIS practice advisor on claims trading, and has been a member of the State Bar of California Insolvency Law Committee and the United States District Court for the Central District of California Attorney Discipline Committee.

Mr. Hill focuses his practice on intellectual property litigation, specializing in representing both plaintiffs and defendants in complex patent cases. He has litigated in a wide variety of technology areas, and has experience advising clients on a broad range of intellectual property transactional issues, including patent, copyright, trademark and trade secret licenses, as well as venture capital, private equity and aircraft finance transactions.

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