No. 17-1657October Term 2018Decided May 20, 2019
Mission Product Holdings, Inc. v. Tempnology, LLC
A bankruptcy rejection of this license agreement did not automatically wipe out Mission's surviving contract rights.
Case status
- Current stage
- Decided
- Latest event
- Decision released May 20, 2019
- What it's about
After Tempnology filed for bankruptcy, it rejected a licensing agreement that let Mission distribute certain products and use Tempnology’s trademarks. The Supreme Court held that rejecting the contract counted as a breach, not a cancellation, so it did not automatically strip Mission of rights that would have survived an ordinary breach outside bankruptcy.
Question presented
Whether, under §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.
- Case path
United States Court of Appeals for the First Circuit / Decision released May 20, 2019
- Area
Business and Regulation
Briefing
What it's about
This case asked whether a company in bankruptcy can reject a license contract and thereby end the other side's rights. The Supreme Court said rejection counts as a breach, not a cancellation, so it did not automatically strip Mission of rights that would survive an ordinary breach outside bankruptcy.
Vote
The Court decided the case on May 20, 2019, after argument on February 20, 2019, but the prompt does not provide the vote count or opinion lineup.
Impact
The decision matters for businesses that keep using licensed products or trademarks after the other side files for bankruptcy. For example, a distributor with a license may still keep rights that would survive a normal contract breach.
What's next
The Supreme Court has finished this case. Practically, the bankruptcy proceedings and any remaining disputes would continue under the rule that rejection is treated as a breach, not automatic termination.
What was the core fight in Mission Product Holdings, Inc. v. Tempnology, LLC?
The dispute was over whether Tempnology's bankruptcy rejection of a license ended Mission's rights to use rights granted by the agreement. The Court said rejection is a breach, not automatic cancellation.
What are the real-world consequences of the decision?
It gives more protection to licensees when a licensor enters bankruptcy. A company selling licensed products may keep rights that would survive a normal breach outside bankruptcy.
What happened next procedurally after the Supreme Court's decision?
The Supreme Court finished its work on this docket on May 20, 2019. Any remaining issues would return to the lower courts or bankruptcy process under the Court's rule.
Decision
What the Court decided
A bankruptcy rejection of this license agreement did not automatically wipe out Mission's surviving contract rights.
Impact
The decision matters for businesses that keep using licensed products or trademarks after the other side files for bankruptcy. For example, a distributor with a license may still keep rights that would survive a normal contract breach.
Not official Court text.
Opinion documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jun 1, 2026
- Method
- Methodology
Primary materials11
Supreme Court docket 17-1657
docket | Jun 1, 2026
Primary case document
Supreme Court document | Jun 1, 2026
CourtListener docket record
docket | Jun 1, 2026
Questions Presented
brief | May 24, 2026
opinion
opinion | May 20, 2019
Petition
brief | Jun 11, 2018
Lower Court Orders/Opinions
order | Mar 27, 2018
SupremeCourt.gov
official | Jun 1, 2026
SupremeCourt.gov
official | Jun 1, 2026
SupremeCourt.gov
official | Jun 1, 2026
SupremeCourt.gov
official | Jun 1, 2026