Bamboozled? Anatomy of a Bankruptcy: Baystate v. Bowers and its Aftermath

Posted: 14 Aug 2010 Last revised: 30 Jun 2012

See all articles by George W. Kuney

George W. Kuney

University of Tennessee College of Law; Clayton Center for Entrepreneurial Law

Date Written: September 2011

Abstract

This manuscript contains a detailed account of the Baystate v. Bowers intellectual property litigation that concluded with a Federal Circuit decision that a party could, in a EULA, use contract law to broaden the rights that could be obtained in intellectual property under copyright law and the ensuing bankruptcy of Baystate and its acquisition by Kubotek. It is intended as an illustrative teaching tool for those that want to see what is involved in long term bet-the-company litigation and resulting chapter 11 (and 7) practice. (One reviewer opined that it is "Anatomy of a Lawsuit" on steroids). A version with live links to the documents cited in the footnotes is available upon request to the author.

Keywords: Intellectual Property, Copyright, Bankruptcy, Civil Procedure, Chapter 11, Chapter 7, Insolvency

JEL Classification: K1, K10, K12, K19,. K20, K29, K40, K41

Suggested Citation

Kuney, George W., Bamboozled? Anatomy of a Bankruptcy: Baystate v. Bowers and its Aftermath (September 2011). University of Tennessee Legal Studies Research Paper No. 117. Available at SSRN: https://ssrn.com/abstract=1658963 or http://dx.doi.org/10.2139/ssrn.1658963

George W. Kuney (Contact Author)

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996
United States
865-974-2500 (Phone)

HOME PAGE: http://www.law.utk.edu/faculty/kuney/index.shtml

Clayton Center for Entrepreneurial Law ( email )

The Boyd Center for Business and Economic Research
Knoxville, TN 37996
United States

HOME PAGE: http://www.law.utk.edu/faculty/kuney/index.shtml

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