Document Type
Brief
Publication Date
12-17-2018
Abstract
Amici, whose names and affiliations are set forth in alphabetical order in the attached Appendix, are law professors who study the United States bankruptcy system. They write solely to share their disinterested views regarding the important question of federal bankruptcy law presented in this case. To the best of their knowledge, no amicus has any financial interest in the outcome of this case.
The First Circuit's decision below inexplicably resuscitates a long-rejected decision-Lubrizol Enters., Inc. v. Richmond Metal Finishers, Inc., 756 F.2d 1043 (4th Cir. 1985) that allowed intellectual property licensors to exploit a bankruptcy filing to unilaterally revoke the rights of their licensees. Lubrizol was wrong when the Fourth Circuit decided it: The decision relied on a misreading of the statute; it has been overruled on its facts by Congress; and it has been consistently rejected by both bankruptcy scholars and, until the decision below, the one other court of appeals to address the issue. See Sunbeam Prods., Inc. v. Chi. Am. Mfg., LLC, 686 F.3d 372, 377 (7th Cir. 2012) (Easterbrook, J.)
Recommended Citation
Pottow, John A. E., "Mission Product Holdings, Inc. v. Tempnology, LLC, nka Old Cold LLC: Brief of Law Professors as Amici Curiae Supporting Petitioner" (2018). Appellate Briefs. 46.
https://repository.law.umich.edu/briefs/46
Comments
Amicus: Block-Lieb, Professor Susan; Foohey, Professor Pamela; Janger, Professor Edward J.; Lawles, Professor Robert M.; Levitin, Professor Adam; Pottow, Professor John A.E.; Westbrook, Professor Jay Lawrence