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Is the Licensor of a Patent Obligated to Enforce Infringement on Behalf of the Licensee?[ Follow Ups ] [ Post Followup ] [ Patent Forum ] [ FAQ ] Posted by Michael on November 01, 2001 at 07:34:52: I am in need of information regarding the obligation of a company that licenses its intellectual property to another company to enforce its patent rights against a third party that is infringing on said licensed patent. Specifically, I am looking at a case in which company 'A' licensed non-exclusive rights to several of its patents to company 'B'. After the agreement was signed, many other companies began marketing products that infringe on the patents included in the agreement. Company 'A' has not and does not plan to engage in any legal action against these infringing companies. Given that it is the right of company 'A' to enforce their patents or not, are they in any way obligated to enforce their patents on behalf of company 'B'? Or, does company 'B' have any rights of their own to enforce these patents? Neither of these rights or obligations are granted in the agreement. If anyone knows of any substantial information on this topic, or knows where I might find some, I would greatly appreciate the assistance.
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