MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

This cross-border bankruptcy appeal presents a seldom litigated question concerning the proper application of 28 U.S.C. § 158(d)(2), which permits a direct appeal from the bankruptcy court to the court of appeals, bypassing the district court. The primary question on appeal is whether 11 U.S.C. § 365(n) or § 103 of the German insolvency Code should apply to the patent licensing agreements at issue in this case. This is a determination of considerable consequence to the parties because the two provisions differ markedly. Under § 103 of the German Insolvency Code, a debtor may terminate a licensee's right to use the debtor's patents, while under 11 U.S.C. § 365(n), licensees of intellectual property rights may elect to retain their rights under licensing agreements.1 For the reasons that follow, certification of the bankruptcy court's order for direct appeal is appropriate.

I.

Debtor Qimonda AG (hereinafter "Qimonda") is a German company involved in the design, manufacture, and sale of semiconductor products. Qimonda claims to hold over 10,000 patents, of which at least 4,000 are U.S. patents, as well as over 1,000 pending U.S. patent applications. These patents are Qimonda's most valuable remaining asset. In re Qimonda AG, 462 B.R. 165, 168-169 (Bankr.E.D.Va. 2011).

Appellees are Samsung Electronics Co., Ltd. ("Samsung"), Infineon Technologies AG ("Infineon"), International Business Machines Corp. ("IBM"), Hynix Semiconductor, Inc. ("Hynix"), Intel Corporation ("Intel"), Nanya Technology Corporation ("Nanya"), and Micron Technology, Inc. ("Micron") (collectively referred to as "the Objectors"). The Objectors are international electronic companies, some headquartered in the United States and some abroad, that manufacture and sell semiconductor products. The Objectors entered into various cross-licensing and joint venture agreements with Qimonda or its predecessor companies and hold licensing rights to U.S. and international patents held by Qimonda. Pursuant to these agreements. Qimonda and appellants have perpetually and irrevocably cross-licensed lens of thousands of patents. See In re Qimonda AG Bankr. Litig., 433 B.R. 547, 552 (E.D.Va.2010).2

Cross-licensing agreements, such as those at issue here, are highly beneficial in the semiconductor industry. In re Qimonda AG, 462 B.R. at 175. Due to the number of potentially applicable patents implicated by any given semiconductor device, "it is not always possible to identify which [patents] might cover a new product, and in any event it would be all but impossible to design around each and every patented technology[.]" Id. This "patent thicket" compels manufacturers to "obtain licenses to many different patents held by many different owners in order to protect against potential infringement claims." Id. Reliance on these agreements is especially critical owing to the costs required to construct facilities that manufacture semiconductor chips, often in the range of two to five billion dollars. Id.

II.

In January 2009, Qimonda commenced insolvency proceedings in Munich Germany. In April 2009, the German insolvency court appointed appellant Michael Jaffe, a German attorney who specializes in insolvency law, as the insolvency administrator of Qimonda's estate. In June 2009, Jaffé (hereinafter "the Foreign Administrator") filed a petition for recognition of the German insolvency proceeding in the U.S. Bankruptcy Court for the Eastern District of Virginia under Chapter 15 of the Bankruptcy Code. On July 22, 2009, the bankruptcy court recognized the Germany insolvency proceeding as a foreign main proceeding and appointed Jaffe as the foreign representative. Also by order dated July 22, 2009 (hereinafter "the July 22, 2009 supplemental order"), the bankruptcy court made, inter alia, the entirety of 11 U.S.C. § 365 applicable to this proceeding. As a result, when the Foreign Administrator attempted to elect nonperformance of patent licensing agreements pursuant to German Insolvency Code § 103, certain Objectors balked, citing § 365(n), applicable pursuant to the bankruptcy court's July 22, 2009 supplemental order. In response, the Foreign Administrator filed a motion requesting an amendment to the July 22, 2009 supplemental order that conditioned the applicability of § 365(n). The bankruptcy court granted the Foreign Administrator's motion to amend the July 22, 2009 supplemental order on November 19, 2009.

In order to gain a complete picture of the parties' dispute and the nature of this appeal, three proceedings must be reviewed: (i) the bankruptcy court's November 19, 2009 decision to grant the Foreign Administrator's motion to amend the July 22, 2009 supplemental order, (ii) the first appeal of that decision to the district court, and (iii) the evidentiary hearing in the bankruptcy court following remand by the district court.

A.

In its motion requesting an amendment to the July 22, 2009 supplemental order, the Foreign Administrator requested that the bankruptcy court (i) remove the reference to § 365 entirely, or in the alternative, (ii) insert a proviso that "Section 365(n) applies only if the Foreign Representative rejects an executory contract pursuant to Section 365 (rather than simply exercising the rights granted to the Foreign Representative pursuant to the German Insolvency Code)." On November 19, 2009, the bankruptcy court granted the Foreign Administrator's motion. In an accompanying memorandum opinion, the bankruptcy court provided the following reasons for its decision:

In re Qimonda AG Bankr. Litig., 433 B.R. at 554 (quoting In re Qimonda AG, No. 09-14766, 2009 WL 4060083 (Bankr. E.D.Va. Nov. 19, 2009)).

B.

The Objectors3 appealed the order amending the July 22, 2009 supplemental order. The district court heard the appeal and, on July 2, 2010, remanded the matter for further fact-finding. In reaching this decision, the district court decided four disputes between the parties, each discussed below.

i.

The first dispute was the proper standard of review for the bankruptcy court's decision to grant comity to German law. Typically, a bankruptcy court's decision to defer to foreign law under comity principles is reviewed for an abuse of discretion. While the Objectors cited a Second Circuit case to suggest a de novo standard may apply, that case was neither persuasive nor controlling in the circumstance. See In re Qimonda AG Bankr. Litig., 433 B.R. at 555-556. As a result, the district court concluded that a review for abuse of discretion was appropriate.

ii.

The Objectors next argued that the bankruptcy court's decision to amend the July 22, 2009 supplemental order was inconsistent with the procedural requirements of both Rule 60(b), Fed.R.Civ.P., and 11 U.S.C. § 1522. With respect to the former, the district court determined that Rule 60(b) was not applicable because the July 22, 2009 supplemental order was not a final order within the meaning of Rule 60(b).4

The Objectors' argument with respect to § 1522 was more successful. The July 22, 2009 supplemental order was issued pursuant to 11 U.S.C. § 1521(a), which provides that upon recognition of a foreign proceeding, a bankruptcy court may discretionarily "grant any appropriate relief to `effectuate the purpose of this chapter and to protect the assets of the debtor or the interests of the creditors.'" § 1521(a). Thus, pursuant to its authority under § 1521(a), the bankruptcy court applied § 365 and other provisions to the proceeding in the July 22, 2009 supplemental order. The subsequent amendment to the order was authorized under 11 U.S.C. § 1522(c), which permits modification of an order issued pursuant to § 1521(a). Importantly, however, such modification is only permissible "if the interests of the creditors and other interested entities, including the debtor, are sufficiently protected." § 1522(a) (emphasis added). In this respect, the district court concluded "[i]t is unclear on this somewhat anemic record whether the Bankruptcy Court adequately balanced the parties' interests, as required by § 1522." In re Qimonda AG Bankr. Litig., 433 B.R. at 558. As a result, the matter was remanded so that the bankruptcy court could "articulate more fully and explicitly its basis for modifying the discretionary relief previously granted." Id.

iii.

The parties next disputed whether the bankruptcy court erred in treating the application of § 365(n) as a decision within its discretion rather than as required by 11 U.S.C. § 1520(a). The bankruptcy code identifies those provisions that apply automatically upon recognition of a foreign main proceeding in 11 U.S.C. § 1520(a) and provides a non-exclusive list of provisions that may be applied at the discretion of the bankruptcy court in 11 U.S.C. § 1521(a). Section 365 is not expressly listed as applying either automatically or discretionarily, and thus is a provision that is appropriately considered discretionary under § 1521(a). Nonetheless, the Objectors argued that § 365(n) is implicitly referenced in § 1520(a)'s mandatory provisions, because (i) § 1520(a) includes § 363, and (ii) § 363(l) references § 365(n). The district court found this argument unpersuasive and held, as a matter of law, the application of § 365(n) to a Chapter 15 proceeding is within discretion of the bankruptcy court.

iv.

Finally, the parties disputed whether the bankruptcy court erred in deferring to the Germany Insolvency Code under comity principles. Section 1509(b)(3) provides that in Chapter 15 proceedings, "a court in the United States shall grant comity or cooperation to the foreign representative." 11 U.S.C. § 1509(b)(3) (emphasis added). This instruction is limited by 11 U.S.C. § 1506, which states "[n]othing in this chapter prevents the court from refusing to take an action governed by this chapter if the action would be manifestly contrary to the public policy of the United States." 11 U.S.C. § 1506. Accordingly, the district court determined that these section

In re Qimonda AG Bankr. Litig., 433 B.R. at 565. The district court then identified three principles to guide application of the § 1506 exception:

In re Qimonda AG Bankr. Litig., 433 B.R. at 570. The district court then determined that because the bankruptcy court had not adequately addressed whether application of German insolvency law would contravene a fundamental U.S. public policy, the matter must be remanded for further fact-finding and elaboration.

In sum, the district court affirmed the bankruptcy court's determination that § 365(n) was discretionary, but remanded the matter because (i) the bankruptcy court did not adequately articulate the balance of the parties' respective interests under § 1522, and (ii) the bankruptcy court did not address or resolve whether conditioning the applicability of § 365(n) was an action "manifestly contrary to the public policy of the United States." In re Qimonda AG Bankr. Litig., 433 B.R. at 571.

C.

On remand, the bankruptcy court held a four-day evidentiary hearing.5 During the hearing, testimony was presented regarding the impact of applying German insolvency law on the parties as well as the broader impact on the semiconductor industry and the U.S. economy as a whole. In this respect, on behalf of the Objectors, an expert testified "that increased uncertainty regarding the enforceability of patent licenses would necessarily lead to decreased investments, at least at the margin, as well as less spending on research and development, and less innovation" in the semiconductor industry, and such innovation is "key to the continued health of the United States economy." In re Qimonda AG, 462 B.R. at 176.6 Not surprisingly, the Foreign Administrator's expert disagreed that the Objectors' research and development would be impaired by application of Germany insolvency law, but calculated that the loss to Qimonda's estate as result of the application of § 365(n) would be approximately $47 million. Id. at 177. The expert further testified that in light of the fact that the Foreign Administrator was willing to re-license the Qimonda patents to the Objectors, the application of German insolvency law would simply require the Objectors pay "fair value for rights to use the technology embodied in the portfolio." Id.

Based on the thorough record developed on remand, and applying the principles identified by the district court, see Section 11(B), supra, the bankruptcy court issued an order and accompanying memorandum opinion (hereinafter "the October 28, 2011 order"), in which it held that (i) balancing the interests of the parties, as required by § 1522, weighed in favor of making § 365(n) applicable, and (ii) limiting the applicability of § 365(n) was a prohibited action "manifestly contrary to the public policy of the United States" under § 1506.

With respect to its first conclusion, the bankruptcy court held that while it is true that application of § 365(n) would result in less value being realized by the Qimonda estate, applying § 365(n) would by no means render the patent portfolio worthless. On the other hand, the bankruptcy court found that if German insolvency law were applied,

Id. at 182-183. Recognizing it was a close question, the bankruptcy court held that although it could not identify a specific dollar impact on the Objectors, the significant risk of harm to their investments outweighed the quantified harm ($47 million) to the Qimonda estate.

With respect to its second conclusion, the bankruptcy court, applying the standards outlined by the district court, held that

Id. at 185. In reaching this conclusion, the bankruptcy court considered the legislative history of § 365(n)7 as well as the testimony of the parties' dueling experts. Specifically, the bankruptcy court found that although the industry in question often involved patent threats and patent litigation, and although "innovation would obviously not come to a grinding halt if licenses to U.S. patents could be cancelled in a foreign insolvency proceeding," the uncertainty created by the application of German insolvency law "would nevertheless slow the pace of innovation, to the detriment of the U.S. economy." Id. at 185.

D.

The Foreign Administrator noticed an appeal of the October 28, 2011 order and seeks certification for a direct appeal to the Fourth Circuit, pursuant to 28 U.S.C. § 158(d)(2). The request for certification of this order, which is a final order for purposes of appeal, is properly considered at this lime by the district court, where the matter is currently pending. See Rule 8001(f)(2), Fed.R.Bankr.P. ("A matter is pending in a district court or bankruptcy appellate panel after the docketing, in accordance with Rule 8007(b), of an appeal taken under 28 U.S.C. § 158(a)(1) or (2), or the grant of leave to appeal under 28 U.S.C. § 158(a)(3).").

III.

As part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Congress enacted 28 U.S.C. § 158(d)(2), which permits direct appeals from the bankruptcy court to the court of appeals in certain circumstances. The two primary goals behind this provision are (i) to provide a quicker and less costly means of resolving significant issues that are inevitably bound for the court of appeals, and (ii) to facilitate the development of more binding precedents in bankruptcy law.8 In application, certification pursuant to § 158(d)(2) is a two-step process. First, the bankruptcy court, district court, or bankruptcy appellate panel must certify a judgment, order or decree for direct appeal if a statutory trigger is met. Second, the court of appeals decides whether to authorize a direct appeal.

With respect to the first step, a lower court "shall" certify a judgment, order or decree for direct appeal if, inter alia, the court, on its own motion or at the request of a party, determines that at least one of the statutory conditions exists. See 28 U.S.C. § 158(d)(2)(B). These statutory triggers are:

28 U.S.C. § 158(d)(2)(A).

Unlike the bankruptcy court or district court, which must certify an appeal if one of the statutory conditions is met,9 the court of appeals exercises discretion in deciding whether to authorize the direct appeal. See Collier on Bankruptcy ¶ 5.06[4][e] (Alan N. Resnick & Henry J. Sommer eds., 16th ed.) (the "court of appeals are intended to be the gatekeepers here"). The statute provides the court of appeals with no guidance on how to exercise this gatekeeping function, but the House Report provides some direction, stating,

H.R.Rep. No. 109-31(I), at 148-149.10

The Foreign Administrator argues that the district court must certify this appeal because this case involves both (i) multiple questions of law as to which there are no controlling decisions, and (ii) a matter of public importance. The Objectors contend that even if these statutory prerequisites are met, certification is not proper because the district court remanded this case to the bankruptcy court for further factual findings and, as a result, it is outside the intended scope of § 158(d)(2).

Prior to seeking certification from the district court, the Foreign Administrator first sought certification in the bankruptcy court. The bankruptcy court determined that the October 28, 2011 order did involve a question of law as to which there is no controlling decision and a matter of public importance, but denied certification, without prejudice, because "any determination of [whether] the district court's mandate has been complied with or whether a sufficient factual record now exists to determine the issues raised on appeal would most appropriately be made by the district court itself." In re Qimonda AG, No. 09-14766 (Bankr.E.D.Va. Dec. 19, 2011) (Order) (Doc. 658).11

A.

The first ground for certification asserted by the Foreign Administrator is that the October 28, 2011 order involves questions of law as to which there are no controlling decisions. § 158(d)(2)(A)(i). The Foreign Administrator asserts there are at least three questions of law at issue for which there is no Fourth Circuit or Supreme Court authority:

There is no doubt that the third question is a pure question of law as to which there is no controlling authority,12 and as such, certification by the district court is required.13

Whether the other questions raised by the Foreign Administrator also meet the requirements of § 158(d)(2) is a closer question. While it is true that there is no Fourth Circuit or Supreme Court authority addressing either the application of § 1506's public policy exception or § 1522's sufficient protection requirement, it is less clear whether these issues are presented as "questions of law" within the meaning of § 158(d)(2). In considering the proper application of § 158(d)(2), it is helpful to compare and contrast 28 U.S.C. § 1292(b), which provides somewhat similar, although not identical, criteria for certification of interlocutory appeals. See Collier on Bankruptcy ¶ 5.06[2] ("[D]ecisions interpreting section 1292(b) will be helpful [in interpreting § 158(d)(2)] but by no means determinative in certain cases."). In applying § 1292(b), courts have often asserted that mixed questions of law and fact or decisions committed to a lower court's discretion are ordinarily not appropriate "questions of law" for certification.14 Here, the bankruptcy court's analysis of § 1506 and § 1522 involve a factually intensive inquiry, and the final determination under each section is committed to the bankruptcy court's discretion.

The Foreign Administrator responds that while there are mixed questions of law and fact, there are also purely legal questions that are raised that are sufficient to trigger § 158(d)(2). In addition, while the application of § 1506 and § 1522 are committed to the bankruptcy court's discretion, questions of law that address the boundaries of that discretion are suitable for certification.15 With respect to § 1506, the Foreign Administrator contends that, as a pure matter of law, § 365(n)'s protection of intellectual property licenses is not the sort of provision that meets § 1506's demanding public policy standard in any industry or on any facts. In support of this proposition, among other things, the Foreign Administrator argues that because Congress did not expressly require § 365(n) to apply in Chapter 15 proceedings, as a matter of law, it cannot represent a fundamental U.S. public policy that triggers § 1506. With respect § 1522(a), the Foreign Administrator argues that, as a pure matter of law, the "sufficient protection" requirement does not allow a bankruptcy court to protect creditors from otherwise applicable foreign law, but rather only permits the bankruptcy court to ensure that U.S. creditors are able to participate on equal footing in a foreign proceeding. The Foreign Administrator argues that if these pure questions of law are resolved in its favor, then the subsequent mixed questions of law and fact are never reached. Also, importantly, under § 158(d)(2), unlike § 1292(b), a question of law need not be controlling or subject to a substantial ground for difference of opinion to warrant certification.

The Foreign Administrator's arguments have substantial force. Yet, it is not necessary to resolve these matters because the October 28, 2011 order already must be certified to the Fourth Circuit because there is at least one question of law as to which there is no controlling decision, namely whether § 365(n) must be applied in all Chapter 15 proceedings pursuant to § 1520(a). In addition, for the reasons set forth below, the October 28, 2011 order also must be certified because it involves a matter of public importance. As a result, there is no need to decide specifically whether the additional questions of law identified by the Foreign Administrator are sufficiently separable from the bankruptcy court's fact-intensive inquiry to warrant certification under § 158(d)(2).

B.

As noted, the Foreign Administrator also argues the October 28, 2011 order is appropriate for certification because it "involves a matter of public importance." § 158(d)(2)(A)(i). As a preliminary issue, the Objectors contend that it is not sufficient that the candidate order for certification involves a matter of public importance, but that the order must contain a question of law that involves a matter of public importance. The Objectors base this argument on the fact that the "public importance" ground for certification is in the same subsection as the "question of law" ground. See § 158(d)(2)(A)(i).16 This argument fails; the language of the statute and weight of authority both persuasively lead to the conclusion that an order can involve a matter of public importance even where it does not involve a question of law that is itself a matter of public importance.17 As a result, an appeal may be certified as a matter of public importance either because it involves important legal issues or important practical ramifications. See Collier on Bankruptcy ¶ 5.06[4][b] ("Alternatively, a court may find a matter to be of public importance if it could impact a large number of jobs or other vital interests in a community.").

There is no Congressional guidance and only scant case law that addresses precisely what qualifies as a matter of public importance under § 158(d)(2), but there is no question it should be invoked only in narrow circumstances. A leading bankruptcy law treatise provides the following helpful guidance:

Collier on Bankruptcy ¶ 5.06[4][b].18 In other words, "[a]n appeal that impacts only the parties, and not the public at large, is not `a matter of public importance.'" In re Nortel Networks Corp., No. 09-10138, 2010 WL 1172642, at *2 (Bankr.D.Del. Mar. 18, 2010).19

The October 28, 2011 order involves a mailer of public importance owing to both its legal and practical ramifications. As discussed supra, neither the Fourth Circuit nor the Supreme Court has provided guidance on the scope of the § 1506 public policy exception or how to implement § 1522's sufficient protection requirement. With respect to § 1506, those courts that have addressed the provision have made one thing very clear: it should be invoked only in extremely narrow circumstances.20 In fact, it appears that the § 1506 public policy exception has been used to prohibit relief or the recognition of a foreign proceeding on only two other occasions.21 In addition, this is the first occasion for any court to consider the role of § 365(n) in cross-border insolvency proceedings at all.

Yet, the fact that there are numerous matters of first impression at issue does not alone satisfy the public importance requirement. The public importance here stems not only from the substantial clarification of important issues of cross-border insolvency jurisprudence that would result from resolution of this appeal, but also from the substantial ramifications that any decision will cause in the semiconductor industry and for businesses in any industry that heavily rely on patent licensing agreements. At its heart, this matter weighs the important protections of § 365(n) against the essential role of comity in Chapter 15 proceedings. Both are matters of substantial public importance.

The importance of § 365(n) is clear from its legislative history. Prior to the passage of § 365(n), the Fourth Circuit held in Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc. (In re Richmond Metal Finishers, Inc.), 756 F.2d 1043 (4th Cir. 1985) that the bankruptcy code provided for rejection of all types of executory contracts by a debtor, including intellectual property licensing agreements. In response, Congress overturned Lubrizol with the enactment of § 365(n). See In re Qimonda AG Bankr. Litig., 433 B.R. at 567. The ability of a party in bankruptcy to elect non-performance of intellectual property licensing agreements was, according to the Senate Report, a "fundamental threat to the creative process that has nurtured innovation in the United Slates." Id. (quoting S.Rep. No. 100-505, at 3 (1988), as reprinted in 1988 U.S.C.C.A.N. 3200, 3201-02). The passage of § 365(n), as noted by one commentator, avoided the "unjust results" of Lubrizol and the risk of "financial ruin" to many businesses. Id. (quoting David M. Jenkins, Comment, Licenses, Trademarks, and Bankruptcy, Oh My: Trademark Licensing and the Perils of Licensor Bankruptcy, 25 J. Marshall L.Rev. 143, 149-154 (1991)).22

On the other hand, the central principle underlying chapter 15 is that bankruptcy proceedings be governed in accordance with the bankruptcy laws of the nation in which the main case is pending, and comity should be extended in all but the narrowest of circumstances. See § 1509(b)(3) ("a court in the United States shall grant comity or cooperation to the foreign representative") (emphasis added). Thus, resolution of this matter—which pits the protections of § 365(n) directly against the essential principal of comity—has legal and practical ramifications that transcend the litigants and involve matters of public importance. In the end, whether or not the protection provided by § 365(n) rises to the level of a fundamental public policy to be safeguarded by § 1506, it is clear that the ultimate enforcement or abrogation of § 365(n) in these circumstances is at least a matter of public importance within the meaning of § 158(d)(2). As a result, certification for a direct appeal is appropriate on this ground, as well.

C.

Unable to prevail by arguing the statutory requirements of § 158(d)(2) are not met, the Objectors contend that this matter should not be certified because of the current procedural posture. Specifically, the Objectors argue that because this matter was remanded to the bankruptcy court for additional fact-finding after the district court framed the analysis, the district court—rather than the Fourth Circuit—should review whether its mandate has been satisfied. In support, the Objectors rely on the principle that an appellate court has the inherent power to enforce its mandate. See Doe v. Chao, 511 F.3d 461, 464-465 (4th Cir.2007). The Objectors contend that nothing in § 158(d)(2) purports to undermine this inherent authority.

Although it is true that nothing in § 158(d)(2) purports to undermine the ability of a district court acting as an appellate court to enforce its mandate, it is also true that nothing in the statutory language or legislative history of § 158(d)(2) suggests that a matter's procedural posture has, or should have, any impact whatever on whether certification is appropriate or conditions the requirement that a district court certify an order where the statutory triggers are met on whether or not that order is the result of a remand.23

Furthermore, even if, as the Objectors argue, the district court had the option of denying certification based on the matter's current procedural posture, electing to do so would not serve the purpose or intent of § 158(d)(2). One of the primary goals of § 158(d)(2) is to provide a quicker and less costly route to resolve issues that will likely end up in the court of appeals, and this matter is surely destined for the Fourth Circuit. Of course, as the Second Circuit has pointed out, "although Congress emphasized the importance of our expeditious resolution of bankruptcy cases, it did not wish us to privilege speed over other goals," and that courts of appeals "benefit immensely" by allowing matters to "percolate" through the district courts. Weber, 484 F.3d at 160-161, In this instance, however, a direct appeal would not privilege speed over other goals, as this matter has already adequately "percolated" in the district court. On the first appeal, the district court set forth the appropriate standards and proper means by which to evaluate this matter. To the extent that those standards will be at issue on appeal—and it is clear that they will be—the district court has already had its say. On remand, the bankruptcy court complied with the mandate of the district court by conducting extensive fact-finding and applying the law as directed. While the parties now seek review of both the standards and their application, there is no reason for the district court to revisit its own standards, and the district court is no better equipped than the Fourth Circuit to evaluate their application. In addition, bankruptcy and district courts alike would benefit from binding precedent that addresses the application of both § 1506 and § 1522.

In sum, a direct appeal in this instance serves the two purposes of § 158(d)(2), and its advantages far outweigh the benefits of having the district court address, yet again, a matter that has already been here before. It is important to note that neither reached nor decided here is whether the bankruptcy court struck the proper balance with respect to the parties' interests, as required by § 1522, or whether the bankruptcy court was correct that limiting the applicability of § 365(n) is "manifestly contrary to the public policy of the United States" in these circumstances.

IV.

For the foregoing reasons, the Foreign Administrator's request for certification pursuant to § 158(d)(2) is granted.

An appropriate Order will issue.