Game Over

8 Pages Posted: 9 Mar 2006

See all articles by Joshua C. Tate

Joshua C. Tate

Southern Methodist University - Dedman School of Law


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.

Keywords: bankruptcy, debtor, executory contract, patent license

Suggested Citation

Tate, Joshua C., Game Over. Yale Law Journal, Vol. 109, pp. 1709-16, 2000, Available at SSRN:

Joshua C. Tate (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States
(214) 768-2791 (Phone)

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