Settlement Licenses and Patent Marking: Intent of the Parties is KeyPatent marking requirements rely on the intentions expressed in settlement licenses between parties.Non-practicing entities must ensure licensees mark products to claim infringement damages.
NPEs Have No Obligation to Mark Under the Statute-and that Should Extend to an NPE's Settlement LicenseesNPEs can collect patent infringement damages without product marking obligations, but must ensure licensees mark products to avoid limitations on their recovery.
Settlement Licenses and Patent Marking: Intent of the Parties is KeyPatent marking requirements rely on the intentions expressed in settlement licenses between parties.Non-practicing entities must ensure licensees mark products to claim infringement damages.
NPEs Have No Obligation to Mark Under the Statute-and that Should Extend to an NPE's Settlement LicenseesNPEs can collect patent infringement damages without product marking obligations, but must ensure licensees mark products to avoid limitations on their recovery.