Your Licensor Has a License to Kill, and It May be Yours: Why the Ninth Circuit Should Resist Bankruptcy Law that Threatens Intellectual Property Licensing Rights

In recent opinions, the U.S. Court of Appeals for the Seventh Circuit has interpreted the Bankruptcy Code ( the Code ) in a manner that makes inaction or ignorance perilous for IP licensees whose licensor declares bankruptcy. Although Congress amended the Code to protect a licensee from losing technology rights in these situations, the Seventh Circuit has narrowly interpreted a strikingly similar bankruptcy provision involving real-estate leases and, in doing so, has cast doubt on the efficacy of the licensee protections found in section 365(n) of the Code. In addition, this circuit has broadly interpreted another Code section dealing with title-clearing sales of a debtor\u27s property, giving wider effect to section 363(f) . Such a sale strips all existing interests and conveys a debtor\u27s property free and clear at auction. Thus, by checking protective measures and amplifying economic risks, the federal judiciary has seriously threatened the survival of many companies. Unfortunately, this legal equivalent of a one-two punch can knock out even the heavyweights of the business community

Your Licensor Has a License to Kill, and It May be Yours: Why the Ninth Circuit Should Resist Bankruptcy Law that Threatens Intellectual Property Licensing Rights

In recent opinions, the U.S. Court of Appeals for the Seventh Circuit has interpreted the Bankruptcy Code ( the Code ) in a manner that makes inaction or ignorance perilous for IP licensees whose licensor declares bankruptcy. Although Congress amended the Code to protect a licensee from losing technology rights in these situations, the Seventh Circuit has narrowly interpreted a strikingly similar bankruptcy provision involving real-estate leases and, in doing so, has cast doubt on the efficacy of the licensee protections found in section 365(n) of the Code. In addition, this circuit has broadly interpreted another Code section dealing with title-clearing sales of a debtor\u27s property, giving wider effect to section 363(f) . Such a sale strips all existing interests and conveys a debtor\u27s property free and clear at auction. Thus, by checking protective measures and amplifying economic risks, the federal judiciary has seriously threatened the survival of many companies. Unfortunately, this legal equivalent of a one-two punch can knock out even the heavyweights of the business community

Brown Boxes

HELLUVA life, isn\u27t it? Pick \u27em up, set \u27em down, but -\u27•--\u27•-they keep coming down that damn chute. Slim picked up another box from the long chute that fell from the top floor of the factory down to the box car where we were working..

The impact person-environment fit theory has on teacher recruitment and retention

Includes vita.Teacher attrition is negatively impacting the success of students in rural public schools at an unprecedented rate. Using person-environment fit theory as a guide, the perceptions of rural teachers and administrators are shared in this qualitative study. This study makes the connection between satisfaction and the impact the work environment has on it. It analyzes the school-community as a whole and recommends practical solutions to increase retention rates among teachers in rural public schools.Includes bibliographical reference