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Patent Assertion Entity Activity

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Portfolio PAE Licenses Included More Complicated Terms than Litigation PAE Licenses<br />

Responding PAEs also identified the scope of licenses that they and their Affiliates executed. 244 The<br />

contract provisions limiting the scope of the licenses written by Portfolio PAEs and Litigation PAEs<br />

differed significantly. Litigation PAEs entered into simple licenses. As shown in Table 3.2, only 1.9% of<br />

these license agreements contained any limitations on either the field-of-use or the geographic regions<br />

where the licensee could sell the licensed products. By contrast, Portfolio PAEs frequently included<br />

limitations on their licenses: 71.8% of licenses contained a field-of-use restriction and 6% of licenses<br />

included a geographic restriction. In addition, 4.4% of Portfolio PAE licenses contained a cross-license.<br />

244<br />

Appendix C: PAE Special Order, Specification H.3.m (“State the Licensed products or services.”).<br />

88

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