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IN RE CELLNET DATA SYSTEMS, INC.

No. 02-2546.

327 F.3d 242 (2003)

In re: CELLNET DATA SYSTEMS, INC., Debtor Schlumberger Resource Management Services, Inc., Appellant v. Cellnet Data Systems, Inc.

United States Court of Appeals, Third Circuit.

Decided April 30, 2003.

Attorney(s) appearing for the Case

Mary Grace Diehl (Argued), Troutman Sanders, Atlanta, GA, for Appellant.

John H. Knight, Mark D. Collins, Richards, Layton & Finger, Wilmington, DE, Mark J. Thompson (Argued), Simpson, Thacher & Bartlett, New York, NY, for Appellee.

BEFORE: NYGAARD, ALITO, and RENDELL, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

This appeal presents us with an issue of first impression involving elections under 11 U.S.C. § 365(n). CellNet Data Systems, Inc. sold its intellectual property to Schlumberger Resource Management Services, Inc., which specifically excluded the assets and liabilities of certain licensing agreements under the terms of the sale. After CellNet rejected those licensing...

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