News & Analysis as of

Asset Purchase Agreements Chapter 11 Royalties

Latham & Watkins LLP

Third Circuit Finds Future Royalty Obligations From Sale Transaction Dischargeable in Bankruptcy

Latham & Watkins LLP on

The Third Circuit ruled that the obligations are prepetition “contingent and unliquidated” claims that can be discharged in a bankruptcy. In the chapter 11 bankruptcy of Mallinckrodt plc and certain subsidiaries (In re...more

Vinson & Elkins LLP

Sanofi v. Mallinckrodt: Delaware Decision Highlights Importance of Asset Sale Structures in Later Bankruptcy Proceedings

Vinson & Elkins LLP on

In Sanofi-Aventis U.S. LLC v. Mallinckrodt PLC,1 the United States District Court for the District of Delaware ruled that a debtor that purchased intellectual property under a prepetition asset purchase agreement could...more

Bracewell LLP

A Royal Pain: Contingent Royalties Held to be Dischargeable in Mallinckrodt

Bracewell LLP on

In late December 2022, the United States District Court for the District of Delaware issued an opinion affirming the Mallinckrodt1 bankruptcy court’s November 2021 decision that the debtor could discharge certain...more

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