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IN RE QIMONDA AG

Civil Action No. 1:12-cv-0008.

470 B.R. 374 (2012)

In re QIMONDA AG, Debtor in a Foreign Proceeding. Michael Jaffé, Appellant, v. Samsung Electronics Co., Ltd., et al., Appellees.

United States District Court, E.D. Virginia, Alexandria Division.

May 7, 2012.

Attorney(s) appearing for the Case

Gilbert David Dean, II , Cole Schotz Meisel Forman & Leonard PA, Baltimore, MD, for Appellant.

Stephen E. Leach , Leach Travell Britt PC, McLean, VA, Lawrence Allen Katz , Venable LLP, Vienna, VA, John Kuropatkin Roche , Perkins Coie LLP, Guy Sterling Neal , Sidley Austin Brown & Wood LLP, Miles Jarrad Wright , Weil Gotshal & Manges LLP, Washington, DC, for Debtor in a Foreign Proceeding and Appellees.

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

This cross-border bankruptcy appeal presents a seldom litigated question concerning the proper application of 28 U.S.C. § 158(d)(2), which permits a direct appeal from the bankruptcy court to the court of appeals, bypassing the district court. The primary question on appeal is whether 11 U.S.C. § 365(n) or § 103 of the German insolvency Code should apply to the patent licensing agreements...

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