The infamous Blackberry case brought new attention to so-called 'patent trolls' and began the general association of trolls with 'non-practicing' patent holders. This has had important legal consequences: Namely, patent holders have been denied injunctive relief because they did not practice the...

The quote in the title refers to a recurring principle in the Antitrust Guidelines for the Licensing of Intellectual Property, issued jointly by the US Department of Justice and the Federal Trade Commission in 1995. That report states that The Agencies' general approach in analyzing a licensing...