Ninth Circuit Falls Short while Establishing the Proper Perfection Method for Security Interests in Patents in In Re Cybernetic Services, The

Abstract

INTRODUCTION|When taking a security interest in intellectual property, a secured creditor must determine whether the particular federal statute (such as the Patent Act, the Copyright Act, and the Lanham Act) or, alternatively, Article 9 of the Uniform Commercial Code ("Article 9" or "UCC") controls perfection of that security interest. Federal courts have been inconsistent, at best, in interpreting the relationship between intellectual property statutes and the UCC. Despite this confusion, lower courts, but until recently not federal circuit courts, have been relatively uniform in deciding that Article 9 controls perfection...