Tricia has also represented bankruptcy trustees and receivers in pursuing fraudulent transfers and preference claims pursuant to the Bankruptcy Code and the Uniform Fraudulent Transfer Act.Tricia’s clients and colleagues trust her because she is disciplined, efficient, responsive, practical and has her client’s best interest constantly in mind.For example, if you were blocked because it was detected that you are a fake Google crawler, then disable the rule that blocks fake google crawlers.Or if you were blocked because you were accessing your site too quickly, then increase the number of accesses allowed per minute.
She has represented community banks, nontraditional lenders, investors and borrowers in bankruptcy court, in litigation and in workout transactions. Background This dispute arises from a contract between two dermatologists at the University of Colorado (Drs. In that case, the patent would have expired only four years later, and Plaintiffs could have claimed a baseline entitlement of 0,000 under the contract, which “guaranteed [a] minimum annual royalty of one hundred thousand dollars (0,000) per year for the first six calendar years after the year in which commercialization commences.” Aplt. What the Plaintiffs cannot plausibly claim is that the baseline entitlement to 0,000 over the first six years of commercialization vitiates the language in the contract tying royalty payments to sales “where the sale of the INVENTION would infringe any claim of the PATENT or the APPLICATION.” Id. Indeed, the Oxford English Dictionary notes that the usage of “where” in legal documents generally denotes “[i]t being the case that; in view of the fact that; forasmuch as, inasmuch as,” which is precisely the meaning of “where” in the ISA. Even if we were to find that the provisions governing royalty payments under the ISA were ambiguous (finding, for example, the provisions for a six-year guarantee and the “where the sale of the INVENTION would infringe,” Aplt. at 55, ¶ 7 (language to be in tension with each other), the same result would be reached. A: The royalties go for as long as the patent coverage of Minoxidil lasts. The provision in the ISA for “any subsequently issued patent” covers the parties' obligations as regards the ′812 Patent. Under the discovery rule for commencing the running of the statute of limitations, Plaintiffs were made aware of Upjohn's terminal disclaimer of the ′812 Patent in 1985. Since this suit was not filed until approximately a decade after this notice, Plaintiffs allowed the three-year Colorado statute of limitations to expire. and certain of its affiliates (the "Debtors") filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code on March 17, 2015, meaning that this bulk filing occurred on the eve of the statutory two-year deadline. The Plan called for the establishment of a Liquidation Trust on the Effective Date for the purposes of liquidating and administering the Liquidation Trust Assets and making distributions on account thereof.Did you find the information above useful or interesting? You can also visit the C&T Bankruptcy Department main page, here.Tricia De Leon has over 17 years of business litigation experience.