In re Exide Technologies’s Empirical Analysis

Citation profile

9 federal appellate · 4 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Courts may use § 365 to free a bank-rupt trademark licensor from burden-some duties that hinder its reorganization. They should not ... use it to let a licensor take back trademark rights it bargained away. This makes bankruptcy more a sword than a shield, putting debtor-licensors in a catbird seat they often do not deserve.”

   3 later decisions quote this exact passage · from the concurrence
   e.g. Mission Product Holdings, Inc. v. Tempnology LLC (In re Tempnology LLC) · In re Crumbs Bake Shop, Inc.

2. “(1) If the trustee rejects an executory contract under which the debtor is a licensor of a right to intellectual property, the licensee under such contract may elect— (A)to treat such contract as terminated by such rejection if such rejection by the trustee amounts to such a breach as would entitle the licensee to treat such contract as terminated by virtue of its own terms, applicable nonbankruptcy law, or an agreement made by the licensee with another entity; or (B)to retain its rights (including the right to enforce any exclusivity provision of such contract, but excluding any other right under applicable non-bankruptcy law to specific performance of such contract) under such contract and under any agreement supplementary to such contract, to such intellectual property ..., as such rights existed immediately before the case commenced for— (i) the duration of such contract; and (ii) any period for which such contract may be extended by the licensee as of right under applicable nonbankruptcy law. (2) If the licensee elects to retain its rights, as described in paragraph (1)(B) of this subsection, under such contract— (A) the trustee shall allow the licensee to exercise such rights; (B) the licensee shall make all royalty payments due under such contract for the duration of such contract and for any period described in paragraph (1)(B) of this subsection for which the licensee extends such contract; and (C) the licensee shall be deemed to waive— (i) any right of setoff it may”

   2 later decisions quote this exact passage · from the concurrence
   e.g. In re Tempnology, LLC · In re Crumbs Bake Shop, Inc.

3. “[T]he bill does not address the rejection of executory trademark, trade name or service mark licenses by debtor-li-censors. While such rejection is of concern because of the interpretation of section 365 by the Lubrizol court and others, see, e.g., In re Chipwich, Inc., 54 Bankr. Rep. 427 (Bankr. S.D.N.Y. 1985), such contracts raise issues beyond the scope of this legislation. In particular, trademark, trade name and service mark licensing relationships depend to a large extent on control of the quality of the products or services sold by the licensee. Since these matters could not be addressed without more extensive study, it was determined to postpone congressional action in this area and to allow the development of equitable treatment of this situation by bankruptcy courts.... Nor does the bill address or intend any inference to be drawn concerning the treatment of exec-utory contracts which are unrelated to intellectual property.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. In re Crumbs Bake Shop, Inc. · Szilagyi Ex Rel. Lakewood Engineering & Manufacturing Co. v. Chicago American Manufacturing, LLC (In Re Lakewood Engineering & Manufacturing Co.)