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Title: Ramey LLP Publishes Definitive Legal Analysis Clarifying Patent Marking Obligations for Non-Practicing Entities Following Ortiz v. Vizio

United States, 24th Apr 2026— Ramey LLP, a nationally recognized intellectual property litigation firm led by prominent patent attorney Bill Ramey, today announced the publication of a comprehensive legal analysis addressing one of the most consequential and frequently misunderstood issues in patent enforcement: the application of 35 U.S.C. § 287(a) marking requirements to non-practicing entities (“NPEs”) in light of recent Federal Circuit guidance.The publication, titled “Settlement Licenses, Patent Marking, and Ortiz v. Vizio: How an NPE Can Comply with § 287(a)”, provides a rigorous and practical framework for patent holders navigating the intersection of settlement agreements, licensing structures, and statutory notice obligations. In this analysis, Ramey LLP articulates a critical legal principle reinforced by the Federal Circuit: while NPEs do not independently manufacture or sell patented products, their obligations under § 287(a) may arise when third parties are authorized—expressly or implicitly—to practice the patented inventions. The firm emphasizes that the existence of a settlement agreement does not automatically trigger marking requirements; rather, the controlling factor is the objective intent of the parties as expressed within the four corners of the agreement. “Too many patent holders unknowingly compromise their damages exposure through imprecise settlement language,” said Bill Ramey, Managing Partner of Ramey LLP. “Our analysis makes clear that patent enforcement strategy must be aligned with contract drafting from the outset. The difference between a ‘release’ and a ‘license’ is not semantic—it is outcome determinative.”The publication further examines the Federal Circuit’s decision in Ortiz v. Vizio, highlighting seve...

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