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 several key takeaways for patent holders:

• NPE status does not exempt a patentee from compliance with § 287(a) where licensees are involved. 
• The burden rests squarely on the patentee to affirmatively plead and prove compliance—or clearly explain why the statute does not apply. 
• Settlement agreements, including dismissals with prejudice, may be construed as licenses depending on their structure and language. 
• Failure to properly address marking obligations can significantly limit recoverable damages, particularly for pre-suit infringement. 

Ramey LLP’s analysis goes beyond doctrine, offering actionable guidance for patent owners, litigators, and institutional stakeholders. It outlines best practices for structuring settlement agreements to either avoid unintended licensing implications or affirmatively enforce marking compliance where licensing is intended. The publication also provides strategic recommendations for pleading practices in patent litigation to preserve damages claims and withstand early dispositive motions.

“This is not just an academic discussion,” Ramey added. “It is a roadmap for maximizing enforceability, preserving damages, and eliminating ambiguity in high-stakes patent litigation.”

Ramey LLP continues to advise clients across a broad spectrum of industries on patent enforcement, licensing strategy, and complex litigation matters. The firm’s latest publication reinforces its position at the forefront of intellectual property law, delivering sophisticated legal insight with immediate real-world application.

For more information or to request a copy of the publication, please contact Ramey LLP or visit www.rameyfirm.com .

Media Contact:
Ramey LLP
Jared Toledo
jared@legallift.co

About Ramey LLP
Ramey LLP is a premier intellectual property law firm specializing in patent litigation, licensing, and enforcement. Led by Bill Ramey, the firm represents innovators, patent holders, and enterprises nationwide, delivering strategic legal solutions grounded in deep technical expertise and aggressive advocacy.

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