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Mission Product Holdings, Inc. v. Tempnology LLC (In re Tempnology LLC)
Bankruptcy Appellate Panel of the First Circuit (2016) | 559 B.R. 809
TL;DR: A debtor rejected a contract containing patent, trademark, and distribution rights. The court held that while the patent license was protected by § 365(n), the trademark license and distribution rights were not. However, the trademark rights survived rejection because rejection is a breach, not a termination.
Legal Significance: This case adopted the Sunbeam approach, holding that a debtor's rejection of a trademark license under § 365 constitutes a breach, not a termination. This allows the licensee to retain its contractual rights outside the specific protections of § 365(n), resolving a key circuit split.