Joshua C. Tate
Southern Methodist University - Dedman School of Law
Yale Law Journal, Vol. 109, pp. 1709-16, 2000
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.
Number of Pages in PDF File: 8
Keywords: bankruptcy, debtor, executory contract, patent license
Date posted: March 9, 2006