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On January 9, the USPTO designated as informational two recent Director decisions involving licensing activities, highlighting the evolving nature of “settled expectations” in discretionary denial determinations.

In VDPP, LLC v. Volkswagen Group of America, Inc., the Federal Circuit addressed whether a non-practicing entity that licenses its patent through settlement agreements must ensure those licensees comply with patent marking requirements under 35 U.S.C. § 287(a). The court's ruling clarifies that patent owners cannot avoid marking obligations simply because they don't manufacture products themselves...