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The Bankruptcy Code provides a framework for distressed businesses to liquidate or reorganize, but bankruptcy proceedings fail to adequately recognize the centrality of intellectual property to many businesses. IP portfolios are often overlooked among a company’s assets. Once a company’s IP is swept into a bankruptcy estate and sold at auction, it’s likely to be undervalued.
Patent litigation at the International Trade Commission (ITC) is characterized by its rapid pace, with proceedings for investigations under 19 U.S.C. § 1337 typically concluding within 15 to 18 months after the filing of the initial complaint. While this expedited timeline facilitates swift resolution of disputes, it poses significant practical challenges requiring efficient resource allocation and strategic planning.
Trade secrets are among a life science company’s most valuable assets, allowing it to obtain and maintain a competitive edge on the open market. As such, trade secrets are the cornerstone of a life science company’s success and profitability. The development of these trade secrets, and of the technology behind them, requires a company to expend vast resources, including its time and money. The tradeoff, however, can be very lucrative.
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