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Patent Assertion Entity Activity

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claimed in a patent. Demand does not include complaints or pleadings filed with a United States District<br />

Court or the United States International Trade Commission.<br />

“Held” means to possess a legal right to a patent, where “legal right” means any ownership interest in,<br />

an exclusive license to, or other rights adequate to license or enforce a patent.<br />

“Holding <strong>Entity</strong>” means a firm identified by a Responding Firm in response to Specification B.2<br />

that held but did not assert patents during the study period. Specification B.2 required Responding<br />

Firms to identify all parents, wholly or partially owned subsidiaries, incorporated unincorporated<br />

divisions, affiliates, branches, joint ventures, franchises, operations under assumed names,<br />

websites, or other person(s) over which the firm exercises or has exercised supervision or control<br />

since January 1, 2009. (Firms identified in response to Specification B.2 that did assert patents are<br />

called “Affiliates.”) There are 2,189 Holding Entities in the study.<br />

“Litigation” means any civil action commenced in a United States District Court or with the United<br />

States International Trade Commission.<br />

“License” means authorization by the patent holder to practice the claimed invention, including, but not<br />

limited to, a covenant not-to-sue and a covenant not-to-assert.<br />

“Non-practicing entity” or “NPE” means patent owners that primarily seek to develop and transfer<br />

technology. 350 For Chapter 4 only, “NPE” means an NPE whose data are reported in the Wireless Case<br />

Study.<br />

“<strong>Patent</strong>” means a United States patent or United States patent application as defined by 35 U.S.C. § 101,<br />

et seq.<br />

“<strong>Patent</strong> assertion entity” or “PAE” means a firm whose business model primarily focuses on purchasing<br />

and asserting patents. 351<br />

350<br />

FTC EVOLVING IP MARKETPLACE REPORT, supra note 1 at 8 n 5.<br />

351<br />

Id.<br />

A - 2

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