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Prior Event at the San Diego Chapter! Chapter Homepage | Upcoming Events
"The Intersection (Collusion?) of Bankruptcy and Patent Laws" by
James P. Hill, JD
Tuesday, November 4, 2003
La Jolla Marriott Hotel ** Attn: CA Attorneys & Paralegals: This LES Chapter Meeting will qualify for 1.0 Credit of California MCLE In today's challenging business environment the number of tech businesses that have gone into bankruptcy or out of business altogether has increased significantly. As such, many are getting an unwanted lesson on how the rules of bankruptcy impact licensing of patents and other IP. Join us on October 28th at the San Diego L.E.S. Chapter Meeting and learn the key issues to consider in your licensing efforts and specifically about how the Laws of Bankruptcy and Patents impact each other. Our esteemed guest speaker of the night will be Mr. James P. Hill, a founding member of the San Diego-based law firm of Sullivan Hill Lewin Rez & Engel where he heads up the firm's Bankruptcy, Insolvency and Commercial Law Group. Mr. Hill's presentation will examine some of the basic interrelationships between bankruptcy and patent law. Because the Bankruptcy Code and the Patent Code are parallel federal statutes, our federal Constitution's Supremacy Clause does not dictate that one body of law governs over the other. The intersection of these two federal schemes creates a number of unsettled issues when determining the treatment of patent rights in bankruptcy cases. According to Mr. Hill, the results dictated by the Bankruptcy Code are often directly at odds with the policy concerns of the Patent Code. As such, Mr. Hill's presentation will highlight the problems that arise including "back door" assignments of patent licenses when one of the parties to a patent license agreement files bankruptcy. An expert on the subject, Mr. Hill's experience includes representation of creditors, bankruptcy trustees and examiners, and bankruptcy debtors in Chapter 11 reorganization and other complex bankruptcy cases, and he regularly works with clients on asset sales and acquisitions and on business work outs and dissolution matters, among other commercial law matters. Mr. Hill attended the University of Texas at Austin, earning a Bachelors of Journalism degree with high honors in 1974 and a Juris Doctor degree with honors in 1978. While at the University of Texas, he was a member of several academic honorary societies, including Phi Kappa Phi, Kappa Tau Alpha and the Order of the Coif. He is admitted to practice in Texas (1978) and California (1979). He served as a law clerk to the Hon. Walter Ely on the United States Court of Appeals for the Ninth Circuit from 1978 to 1979, after which he moved to San Diego to begin private practice. Mr. Hill is active in the Bankruptcy Law Section and the Commercial Law Section of the San Diego County Bar Association, for which he served as section chairperson for two successive terms from 1985 through 1987. He is also a member of the San Diego County Bankruptcy Forum (having served on its board of directors from 1991 to 1994) and is a member of the American Bar Association's Subcommittee on Business Bankruptcy. He has served in various officer positions with the San Diego County Chapter of the Federal Bar Association and is a member of both the American Bankruptcy Institute and the National Association of Bankruptcy Trustees. He also participates as moderator, panelist and lecturer at bankruptcy and commercial law seminars and symposiums.
Annual Meeting Recap:
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