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Tech Bankruptcy
October 28, 2006
  Patent license assumption allowed
First published June 27, 2005

In In re Quantegy, Inc., Judge Williams, Jr. held that the debtor could assume its patent licenses with Sony Corporation because the licenses explicitly allowed assignment to a business successor. Thus, taking the assignment language into account, applicable law did not prohibit assignment of the licenses and the debtor could assume. Faced with the concept raised in Sunterra that the contractual consent required is a consent to assumption or free assignment, Judge Williams declined to follow Sunterra. Good for Judge Williams. The Westlaw citation is 2005 WL 1389078 (March 23, 2005).
 
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Warren E. Agin is a partner in Swiggart & Agin, LLC, a boutique law firm in Boston, Massachusetts focusing on the needs of technology companies. Mr. Agin heads its bankruptcy department. The author of the book Bankruptcy and Secured Lending in Cyberspace (3rd Ed. West 2005), Mr. Agin also chaired the ABA's E-commerce and Insolvency Subcommittee from 1999 to 2005, co-chaired the Boston Bar Association's Internet and Computer Law Committee (2003-2005), and served on the American Bar Association's Standing Committee on Technology and Information Services (2008-2011). Mr. Agin currently co-chairs the Editorial Board of Business Law Today. A contributing editor to Norton Bankruptcy Law and Practice, 3d, and co-author of its chapter on intellectual property for the past fifteen years, he is author of numerous legal articles and addresses on topics of technology, internet and bankruptcy law.

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