IP Law 360

SEPTEMBER 8, 2022

Circuit to lift a bankruptcy-related stay in its bid to revive antitrust claims accusing Endo Pharmaceuticals Inc. The Federal Trade Commission has asked the D.C. of entering a "pay-for-delay" agreement with Impax Laboratories LLC to stave off competition to Endo's Opana ER painkiller.

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IP Law 360

MARCH 30, 2023

Restructuring and bankruptcy happen in the metaverse, too — and the uncertain and evolving rules of digital ownership could have surprising effects on who gets paid, with increasing tension between platforms and users, say Kizzy Jarashow and James Lathrop at Goodwin.

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IP Law 360

JUNE 15, 2023

A Washington federal judge on Thursday put on hold a trademark battle between Dungeons & Dragons publisher Wizards of the West Coast and a rival game maker, which has recently filed for bankruptcy in a separate court.

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IP Law 360

JANUARY 27, 2023

asked an Illinois federal judge Thursday to gut the latest version of Chinese push-to-talk radio rival Hytera's antitrust lawsuit, arguing that the bankruptcy of two Hytera subsidiaries amid a wider trade secrets fight fundamentally changes the trajectory of a case that previously survived dismissal. Motorola Solutions Inc.

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JD Supra Law

AUGUST 25, 2023

The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that there was no actionable infringement where an uncompleted building sold under the authority of a bankruptcy court was later completed. Cornice & Rose International, LLC v. Four Keys, LLC et al., 22-1976 (8th Cir. 11, 2023) (Loken, Shepard, Kelly, JJ.)

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IP Law 360

JUNE 22, 2022

A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery (..)

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JD Supra Law

JULY 26, 2022

As intellectual property becomes a more important part of commerce, the question of how IP licenses are treated in bankruptcy is of more interest to companies negotiating such licenses. When a Chapter 11 bankruptcy is filed, a new entity called the “bankruptcy estate” comes into existence. By: Lowndes

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IP Law 360

AUGUST 30, 2022

Appeals court judges in Dallas ruled that bankruptcy proceedings started by a failed search engine startup prevented the clock from ticking on legal malpractice claims against a firm formerly known as Travis & Calhoun PC, breathing new life into allegations that a lawyer at the firm used his representation of the startup a decade ago to swipe intellectual (..)

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Intellectual Property IP 75

JD Supra Law

JUNE 16, 2022

Summary: A trademark associated with a bankrupt company was not abandoned when the trademark continued to be used during bankruptcy and was the subject of active licenses. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. By: Knobbe Martens

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JD Supra Law

DECEMBER 14, 2022

This guide offers an overview of legal aspects of bankruptcy, insolvency and rehabilitation in the requisite jurisdictions. It is meant as an introduction to these market places and does not offer specific legal advice.

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Marketing Marketing 52

IP Law 360

OCTOBER 4, 2021

Bankruptcy filings by a timeshare exit firm and its owners brought a halt Monday to a false advertising suit against them in Florida federal court, where timeshare company Bluegreen Vacations Unlimited Inc. had recently argued that any shortfall of the timeshare exit firm's funds was the result of fraudulent transactions.

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IP Law 360

MAY 30, 2023

An Atlanta federal judge on Tuesday halted proceedings related to a nearly $2 million jury verdict levied against air freshener companies over claims that they infringed another's trademark after the court received notice of the defendant's bankruptcy filing.

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JD Supra Law

MAY 9, 2023

A federal bankruptcy court in Delaware has dismissed time-barred claims that a Chapter 7 Trustee alleged on behalf of a bankrupt franchisor, AVF Franchising, LLC, against several of its franchisees. In re Start Man Furniture, LLC., 2023 WL 2717662 (Bankr. By: Lathrop GPM

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IP Law 360

FEBRUARY 22, 2023

Health benefit funds and other end payors became the latest plaintiffs Wednesday to drop Par Pharmaceuticals, now in the middle of bankruptcy, from consolidated litigation accusing the drugmaker and Novartis of hatching an illegal deal to delay generic versions of the blood pressure drug Exforge.

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LexBlog IP

AUGUST 19, 2022

Boise State Public Radio has reported that the Idaho Health Data Exchange (IHDE) filed for Chapter 11 bankruptcy on August 12, 2022. IHDE is a not-for-profit organization that was launched in 2009 to provide access to patient records for 194 different participating treatment providers.

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43(B)log

OCTOBER 29, 2021

11, 2021) A rare bankruptcy/false advertising interaction. BTL then entered bankruptcy and listed the Everlog judgment as disputed. Of relevance here, Everlog argued that the false advertising damages were nondischargeable in bankruptcy. In re Better Than Logs, Inc., 20-20160-BPH (D. Everlog’s proof of claim was for over $1.2

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Cogency Global

DECEMBER 7, 2023

What this is : A springing member is an individual or company that serves as a placeholder, with no ownership interest, management rights or responsibilities, and remains in place only so long as there is no other member. What this means : As you might expect, it gets a little more complex when it comes to drafting operating agreements.

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Ownership 88

Plagiarism Today

FEBRUARY 8, 2023

Megadeth sued by artist who claims he wasn't paid, bankruptcy court upholds $32 million DISH verdict and high school settles mascot case. The post 3 Count: Sick, Dying and Dead appeared first on Plagiarism Today.

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IP Law 360

OCTOBER 21, 2021

Nine Point Energy Holdings — that nondebtor counterparties' contract rights terminate upon bankruptcy rejection when they depend upon the debtor's future performance — establishes an important outer boundary of the rejection-as-breach rule established by Supreme Court precedent, say attorneys at Proskauer.

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IP Law 360

MARCH 27, 2024

A New York bankruptcy judge Wednesday said a group of copyright holders can go to trial with claims internet service provider Frontier Communications is liable for failing to cut off customers who downloaded pirated music and movies.

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GDB Firm Blog

JUNE 24, 2019

Even after dragging a foreclosure through state court, with the end in sight, there is frequently one last indignity - a bankruptcy filing. When the borrower is a married couple, two bankruptcy filings, the second one after the first one is complete, can make things even worse.

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Intellectual Property Law Blog

DECEMBER 21, 2023

In September 2019, Purdue filed a Notice of Bankruptcy Filing and Imposition of Automatic Stay. Neither party sought guidance from the bankruptcy court nor asked the bankruptcy court to lift the stay during the six-month extension period. On September 1, 2020, the bankruptcy court lifted the automatic stay of the PGR.

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TorrentFreak

APRIL 2, 2024

Music and Movie Companies Most of these lawsuits take place in federal courts, but the New York bankruptcy court is dealing with a similar dispute. The financially challenged Internet provider emerged from bankruptcy and is trying to rebuild its business. Bankruptcy Judge Martin Glenn’s order is available here (pdf).

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Music Social Media Copyright Infringement Copyright 87

JD Supra Law

FEBRUARY 15, 2022

On August 12, 2021, the U.S.

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IPilogue

FEBRUARY 9, 2023

On Friday, November 11, 2022, FTX filed for bankruptcy. Shortly after that, BlockFi filed for bankruptcy, and a Japanese exchange called Bitfront shut down. As a consequence, FTX filed for bankruptcy. The bankruptcy has highlighted an $8 billion shortfall. FTX rushed to execute withdrawal requests, but could not pay.

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IP Law 360

APRIL 18, 2024

is set to acquire insolvent biotechnology company NanoString for roughly $393 million in cash that would be used to repay creditors under the debtor's recently proposed Chapter 11 plan, a notice filed in Delaware's bankruptcy court shows. Scientific instrument maker Bruker Corp.

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McKinsey Operations

SEPTEMBER 27, 2022

While buffeted by the recent market downturn and bankruptcies, digital assets and the technologies underlying them still have the potential to transform business models across sectors.

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IP Law 360

APRIL 12, 2024

A bridal dress designer engaged in litigation with bankrupt dressmaker JLM Couture asked a Delaware court Friday to convert the company's insolvency case to a Chapter 7 liquidation, saying the costs of that ongoing litigation will drain estate resources to the point it won't be able to pay for the bankruptcy case.

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JD Supra Law

JANUARY 16, 2023

In November 2021, Bitcoin reached its peak at over $68,000 per coin. The NASDAQ sat over 16,000. And homes were being snatched up at record prices at a record pace. What a difference a year makes. By: Brooks Kushman P.C.

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43(B)log

FEBRUARY 22, 2023

She studies bankruptcy, consumer, and commercial law from an empirical perspective. Her current research includes studying the attitudes towards bankruptcy among consumers being sued by debt collectors, bankruptcy local legal culture, as well as the relationship between consumer credit and domestic violence (DV).

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IP Law 360

MARCH 5, 2024

Patent trading platform operator IPwe asked a Delaware bankruptcy judge Tuesday to convert its Chapter 11 reorganization to a Chapter 7 liquidation, saying it has lost its source of bankruptcy funding and has no way to continue with its planned going-concern sale.

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Patent 40

IP Law 360

FEBRUARY 5, 2024

and three affiliates filed for Chapter 11 protection in Delaware bankruptcy court with $325 million in debt and $275 million in assets. Life sciences company NanoString Technologies Inc.

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Technology 52

IP Law 360

JANUARY 24, 2024

told a Delaware bankruptcy judge on Wednesday it needs to eliminate potential shareholder claims in order to emerge from its Chapter 11 case as a successful company. Biotechnology company Amyris Inc.

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IP Law 360

JANUARY 26, 2024

Patent trading platform operator IPwe received approval from a Delaware bankruptcy judge Friday to take out up to $500,000 in Chapter 11 financing the company says it will need to stay afloat long enough to put its assets on the block.

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JD Supra Law

JUNE 27, 2023

Bankruptcy Judge Peter D. But that is exactly what Judge Russin did in a recent opinion related to the bankruptcy of “Bang” energy drink’s manufacturer, Vital Pharmaceutical, Inc. When he was appointed by the Eleventh Circuit, U.S.

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IP Law 360

JULY 28, 2022

Military veteran claims pushed earplug maker and 3M unit Aearo into bankruptcy, a New Jersey judge ordered an estimation process for talc claims in the Chapter 11 of Johnson & Johnson's talc unit and the founders of bankrupt cryptocurrency hedge fund Three Arrows Capital are not responding to subpoenas. This is the week in bankruptcy.

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IP Law 360

AUGUST 10, 2023

Bankrupt food waste recycler KDC Agribusiness LLC saw its Delaware Chapter 11 and business put at risk Thursday after a bankruptcy judge lifted a stay on a more than $300 million, 16-count trade secret misappropriation suit pending in the Court of Chancery since 2021

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