The article delves into the complexities of patent marking requirements in the context of settlement licenses for patent infringement actions. It highlights that while non-practicing entities (NPEs) are not required to mark products to collect damages, they must ensure that any licensees do so, especially when no admission of liability is made by the accused infringer. There is ambiguity regarding whether a settlement implies a marking obligation under section 287(a), drawing references from crucial legal cases to underscore these nuances.
"The intention of the parties to the settlement license as expressed through the terms of the settlement license that control the patent marking requirement."
"An NPE who licenses another to produce a patented article must ensure its licensee marks its products to collect damages for patent infringement."
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