Dispute Over Qimonda Patent Licensees After Foreign Bankruptcy Continues at High Court

The Supreme Court will review in conference Sept. 29 a cert petition questioning whether a U.S. court can overturn a foreign court’s decision on U.S. patent licensees’ rights in the patentee’s bankruptcy Jaffe v. Samsung Elecs. Co.briefs filed.

The petition seeks to overturn a Fourth Circuit decision leaving intact bankrupt Qimonda AG’s semiconductor patent licenses to Samsung, IBM, Intel and others.

But, with over half of all patents now being granted to foreign applicants, the result could have wide ranging impact in most if not all industries, affecting bankruptcy decisions in most if not all international jurisdictions.

And, ...