In re Interstate Bakeries Corporation: Eighth Circuit affirms invalidation of prepaid, exclusive trademark license in bankruptcy *

USA - September 4 2012
Acquirors of branded businesses often acquire prepaid, perpetual, exclusive trademark licenses to use the business’s trademarks.

Co-authors: Stephen Moeller-Sally, Patrick Diaz, James M. Wilton.

Second Circuit holds patent no-challenge clause unenforceable *

USA - July 16 2012
On July 10, 2012, the United States Court of Appeals for the Second Circuit held that a broad patent no-challenge clause in a Covenant Not to Sue agreement resolving a pre-litigation enforcement licensing effort was unenforceable on public policy grounds.

Co-authors: James S. DeGraw, David M. McIntosh , Marc A. Rubenstein.

Qimonda ruling protects licensees of U.S. patents, holding that application of German insolvency law to cancel licenses is “manifestly contrary” to U.S. public policy *

USA - November 7 2011
In a case of first impression, a U.S. bankruptcy court charged with enforcing the rights of a foreign insolvency administrator against assets in the United States has held that foreign insolvency law may not be invoked to cancel the rights of licensees of U.S. patents.

Co-authors: Tony Horspool , David M. McIntosh , James M. Wilton.

The latest in FTC privacy initiatives *

USA - December 7 2010
On Wednesday, December 1, 2010, the Federal Trade Commission ("FTC") released its long-awaited preliminary report on the protection of consumer privacy, Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers (the "Report").

Co-authors: Christine M. Santariga, Mark P. Szpak, Ana M. Francisco, Lisa M. Ropple, David M. McIntosh .