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Mission Product Holdings Inc. v. Tempnology, LLC

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-1657 1st Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether, under Section 365 of the Bankruptcy Code, a debtor-licensor’s “rejection” of a license agreement—which “constitutes a breach of such contract,” 11 U.S.C. § 365(g)—terminates rights of the licensee that would survive the licensor’s breach under applicable non-bankruptcy law; and (2) whether an exclusive right to sell certain products practicing a patent in a particular geographic territory is a “right to intellectual property” within the meaning of Section 365(n) of the Bankruptcy Code.

SCOTUSblog Coverage

DateProceedings and Orders
Mar 27 2018Application (17A1060) to extend the time to file a petition for a writ of certiorari from April 12, 2018 to June 11, 2018, submitted to Justice Breyer.
Apr 02 2018Application (17A1060) granted by Justice Breyer extending the time to file until June 11, 2018.
Jun 11 2018Petition for a writ of certiorari filed. (Response due July 12, 2018)
Jun 28 2018Waiver of right of respondent Tempnology, LLC, n/k/a Old Cold LLC to respond filed.
Jul 03 2018DISTRIBUTED for Conference of 9/24/2018.
Jul 09 2018Response Requested. (Due August 8, 2018)
Jul 11 2018Brief amicus curiae of The International Trademark Association filed.
Jul 20 2018Motion to extend the time to file a response from August 8, 2018 to September 7, 2018, submitted to The Clerk.
Jul 24 2018Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2018.
Aug 08 2018Brief amici curiae of Law Professors filed.
Sep 07 2018Brief of respondent Tempnology, LLC, n/k/a Old Cold LLC in opposition filed.
Term Snapshot