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John Loughnane Pens Article on 2019 Technology and Intellectual Property Issues for Norton Annual Survey of Bankruptcy Law

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John Loughnane, a partner in Nutter’s Corporate and Transactions Department, recently wrote an article, titled “Intellectual Property and Technology Issues in Distressed Situations – 2019 Year in Review,” for the Norton Annual Survey of Bankruptcy Law. In the article, John mentions the most significant development in 2019 in this area was the U.S. Supreme Court decision in Mission Product Holdings, Inc. v. Tempnology, LLC.

The decision resolved long-standing uncertainty over the rights of a trademark licensee when a trademark licensor commences bankruptcy and rejects the operative trademark licensing agreement. However, John notes, “Although the Supreme Court decision brought clarity on that specific issue, it did little to bring resolution to the parties as litigation on remand continued throughout 2019.”

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