scholars are critical of 363 sales because the process weakens creditors' voting rights, takes place quickly, and has limited … information disclosure compared with sales that take place in conjunction with a bankruptcy plan, i.e., “plan sales.” These … factors potentially result in less active bidding and increased fire sales. Supporters of 363 sales contend that financial …

Patent sales are an underappreciated means of monetizing patents. Recent blockbuster patent sales indicate heightened … demand for patent acquisitions. There is evidence that such patent sales transfer patents to parties more skilled in patent … enforcement, reducing litigation. Patent sales also move capital to innovators, which enhance incentives to innovate. But …