The plaintiff in his most recent case claimed two theories for recovery: (1) the lenders were notified pre-petition of possible infringement, but exercised control over the debtor to continue infringing operations; and (2) the post-petition $ 50 million lending which allegedly continued the infringing operations. n206 The case was dismissed on summary judgment in favor of Deutsche Bank Trust Company on September 30, 2008. n207
Given that these cases are beginning to come to court, it seems about time an academic analysis be done to identify the unique and yet unresolved issues in this type of case and to suggest answers to resolve them. The next section of this paper attempts this feat.