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No. 17-1657October Term 2018Decided May 20, 2019

Docket 17-1657October Term 2018 (2018–2019)

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
Case Accepted
Arguments
Decision ReleasedMay 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

Decision record

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