When a patent licensor enters bankruptcy, the bankruptcy trustee may attempt to reject the license as an executory contract or sell the patent. For the licensee of an essential patent to an industry standard this can be a devastating change in the terms of business. For a standards participant relying on a FRAND defense to patent infringement, the results may be even worse. If you consider the prevalence of families of patents issued by different national authorities on the same underlying technology, the potential litigation becomes even more complex. This article reviews recent developments in administrative actions and case law affecting this situation.
Available at: http://works.bepress.com/steven_wright/2/