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Tenth Circuit BAP: Bankruptcy Courts Have Exclusive Jurisdiction to Determine Whether Claims Are Estate Property | Jones Day

In Hafen v. Adams (In re Hafen), 616 B.R. 570 (B.A.P. 10 th Cir. 2020), a bankruptcy appellate panel from the Tenth Circuit ( BAP ) held that the bankruptcy court is the only court with subject-matter jurisdiction to decide whether a claim or cause of action is property of a debtors bankruptcy estate. As a consequence, the BAP held that the bankruptcy court abused its discretion by permitting a state court to determine whether creditors had standing to sue third-party recipients of allegedly fraudulent transfers. The decision illustrates the distinction between bankruptcy standing and constitutional standing to sue in federal courts. Jurisdiction Over Estate Property in Bankruptcy

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The Federal Circuit OK s a Questionable Path to Petitioning for Cancellation of a Trademark Registration | Haug Partners LLP

In Australian Therapeutic Supplies Pty Ltd. v. Naked TM, LLC, the Federal Circuit recently denied a petition for rehearing en banc of a panel decision finding that a petitioner who contracted away its rights to unregistered marks still had standing to seek cancellation of those marks because it had a “real interest” in cancellation and a “reasonable belief of damage.” Judge Wallach dissented from the denial, expressing disagreement with the majority’s broadening of the “zone of interests” available to a party petitioning for cancellation. He also warned of the potential confusion the denial of rehearing will cause and questioned the majority’s apparent silent expansion of Supreme Court precedent on the conferral of standing.

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Wearable Technology Market to Set New Growth Cycle | Alphabet, Inc , LG Electronics, Inc , Qualcomm Technologies, Inc

Wearable Technology Market to Set New Growth Cycle | Alphabet, Inc , LG Electronics, Inc , Qualcomm Technologies, Inc
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