A Licensee By Any Other Name

Following up on our prior post about the hubbub – whether exaggerated or true to form – of the ITC being the latest hotspot for patent trolls, submitted for your approval is an interesting decision from the Federal Circuit, which casts a jaundiced eye on the ability of non-practicing entities to rely on licensing activities to establish domestic industry.

In short, the Federal Circuit appears to distinguish between litigation and licensing activity targeted at “financial gains” (bad) and that aimed at encouraging adoption of the licensor’s patented technology (good).

You can read the opinion here.