Mission Product Holdings Inc. v. Tempnology, LLC

Argument:  TBD

Mission Product Holdings Inc.:  Under Section 365 of the Bankruptcy Code, a debtor-licensor’s “rejection” of a license agreement—which “constitutes a breach of such contract,” 11 U.S.C. § 365(g)—DOES NOT TERMINATE rights of the licensee that would survive the licensor’s breach under applicable non-bankruptcy law.

Tempnology, LLC:  Under Section 365 of the Bankruptcy Code, a debtor-licensor’s “rejection” of a license agreement—which “constitutes a breach of such contract,” 11 U.S.C. § 365(g)—TERMINATES rights of the licensee that would survive the licensor’s breach under applicable non-bankruptcy law.

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