Legal Opinion
In Re Prize Frize, Inc., Debtor. Encino Business Management, Inc. v. Prize Frize, Inc. U.S. Trustee
Court of Appeals for the Ninth Circuit
Decided August 9, 1994No. 93-55422PublishedCited by 5 opinions
1Opinion of the Court
NOONAN, Circuit Judge:
This case, of first impression in any circuit, turns on whether license fees, paid by a licensee for the use of technology, patents, and proprietary rights, are “royalties” within the meaning of 11 U.S.C. § 365(n)(2)(B) and, as such, must continue to be paid after the licensor in bankruptcy has exercised its statutory right to reject the contract.
FACTS
With slight alterations we adopt the concise statement of facts made by the BAP, In re Prize Frize, Inc., 150 B.R. 456 (9th Cir. BAP 1993):
The debtor, Prize Frize, Inc., is the owner and licensor of all technology, patents,…
2Cases cited3 opinions
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
- Automatic Radio Mfg. Co., Inc. v. Hazeltine Research, IncSupreme Court of the United States · 1950
- Encino Business Management, Inc. v. Prize Frize, Inc. (In Re Prize Frize, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
3Cited by5 opinions
- Microsoft Corp. v. DAK Industries, Inc. (In re DAK Industries, Inc.)Court of Appeals for the Ninth Circuit · 1995
- Mission Product Holdings, Inc. v. Tempnology, LLCCourt of Appeals for the First Circuit · 2018
- Naert v. Daff (In Re Washington Trust Deed Service Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- In Re Kemeta, LLCUnited States Bankruptcy Court, D. Delaware · 2012
- In Re Dak Industries, IncorporatedCourt of Appeals for the Ninth Circuit · 1995