Faculty Journal Articles and Book Chapters

Game Over

Abstract

In the case of Perlman v. Catapult Entertainment, the Ninth Circuit applied the hypothetical test regarding the assumability of patent licenses under Section 365(c) of the Bankruptcy Code. This Note argues that trustees should have recourse to the law of unjust enrichment when a debtor is unable to assume a patent license under the hypothetical test.

Publication Title

Yale Law Journal

Document Type

Note

Link to SSRN

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