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.
Yale Law Journal
Joshua C. Tate, Game Over, 109 Yale L.J. 1709 (2000)