In re Catapult Entertainment
United States Court of Appeals for the Ninth Circuit
165 F.3d 747 (1999)
Relevant factsFree
Catapult Entertainment (plaintiff), an online gaming company, held two nonexclusive patent license agreements from Stephen Perlman (defendant). After filing Chapter 11 and planning a merger that would make it a wholly owned Mpath subsidiary, Catapult moved to assume roughly 140 executory contracts, including Perlman's licenses, as part of its reorganization; Perlman objected, but the bankruptcy court approved the assumption and the district court affirmed.
IssueFree
Whether a debtor-in-possession may assume a nonexclusive, executory patent license over the licensor's objection where the debtor-in-possession has no intent to assign the license.