1. “Whether a non-practicing patentee that does not make or sell any patented article, and that has not granted an ongoing practicing license, has any obligation under 35 U.S.C. § 287(a) to ensure that third-party products are marked or to plead compliance with § 287(a).”
2. “Whether a patentee’s contrary, text- and precedent-based position on that unresolved question can properly support an ‘exceptional case’ finding under 35 U.S.C. § 285.”
