A Win for Innovation: Supreme Court’s Denial of Review of Jaffe v. Samsung Electronics Co. Preserves U.S. Rights of Licensees of Chapter 15 Foreign Debtors

Client Advisory
October 20, 2014

On Monday, October 6, 2014, the Supreme Court denied a petition for writ of certiorari in Jaffe v. Samsung Electronics Co. The petition sought review of a Fourth Circuit decision that denied a debtor’s foreign representative the ability to enforce an order from a foreign insolvency proceeding, which would have allowed the representative to reject and renegotiate 4,000 U.S. patents of creditors-licensees. This Client Advisory discusses the decisions of the lower courts and the implications of the Supreme Court’s denial of review for both foreign licensors of U.S. patents, as well as their creditor-licensees. 

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