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In re Diomed Inc.

In re Diomed Inc.

Ruling
Administrative expense claims allowed for pre-rejection royalty claim and proceeds of patent settlement.
Procedural posture

A claimant in a chapter 11 debtor's bankruptcy case sought allowance and payment of an administrative claim pursuant to 11 U.S.C.S. § 503(a), § 503(b), and § 507(a)(2), consisting of royalties for the use of a patent in products that were sold postpetition but prior to the rejection of a license agreement, royalties for the bulk sale of products using the patent, net settlement proceeds derived from two settlements, and damages.

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Commercial opinion summary, case decided on September 15, 2008 , LexisNexis #1008-040