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Does Bankruptcy Absolve Patent Infringement Liability?

By Matthew W. Siegal and Angie M. Hankins
May 31, 2006

Your client spends considerable time, money, and energy pursuing an individual who is infringing his patent. Just when your client is about to have his day in court, the culprit files a petition for bankruptcy, triggering the automatic stay and stopping the infringement action in its tracks. Has the infringer escaped liability for his infringement, particularly when the bankruptcy court grants him a discharge? Not necessarily.

The Automatic Stay

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