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Intellectual Property Issues in Bankruptcy

OnDemand Webinar (87 minutes)

Learn how your valuable intellectual property will be affected by another company's bankruptcy.Intellectual property presents itself as a unique issue in valuation as technology continues to progress at rapid rates. These issues are proven even more difficult when an entity is in bankruptcy, bringing many nuances to the valuation, buying, and selling of intellectual property. This material will help those involved in the bankruptcy world understand what exactly intellectual property is, how it's valued, and how to work the difficulties of acquiring intellectual property during a bankruptcy.


Amy Fitzgerald, EisnerAmper LLP


Introduction - Defining Different Kinds of Intellectual Property

• Patents

• Copyrights

• Trademarks

• Trade Secrecy

Valuation Methodologies of Intellectual Property and the Impact on the Bottom Line

• Market Approach

• Cost Approach

• Income Approach

Bankruptcy Impact on Intellectual Property Valuation

• Chapter 7 vs. Chapter 11

• Review Any Bundles of Value and Any Related Properties

• Liquidation Discount and Other Possible Reductions

The Treatment of Trademarks in Bankruptcy

• Trademarks Are Not Considered Intellectual Property by Bankruptcy Courts

• How to Review Trademarks During Filings

Purchasing/Selling Intellectual Property From a Distressed Entity

• Defining How Intellectual Property Is Being Liquidated

• Establishing Clear Chain of Ownership

• Establishing Executory Contracts and Transfers