Today’s Supreme Court Oral Argument In Tempnology Is Over And Here’s What We Learned

The Oral Argument. The Supreme Court held oral argument earlier today in the Mission Products v. Tempnology case, on the issue of the effect of rejection by a licensor of a trademark license on the licensee’s rights. For the full background on the case and the arguments of the parties and amici, please read this post from last week. However, for quick reference, this is the question presented: Whether, under §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 nonbankruptcy law. What follows are some initial impressions based on the questions and comments of the Justices during a wide-ranging oral argument. You can read the entire official oral argument transcript at this link. Overview. In short, those…

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