Does non-practicing status defeat the claim?
Section 281 gives a patentee a civil remedy for infringement, and section 284 governs compensatory damages. Neither establishes a manufacturing requirement for that remedy. Assess the asserted rights and the infringement evidence rather than treating the label "non-practicing entity" as a defense by itself.
What about an injunction?
eBay v. MercExchange requires the traditional four-factor test and rejects categorical denial simply because an owner licenses rather than practices the invention. It also rejects automatic injunctions after infringement. The particular evidence of injury and remedies matters.
Can marking still matter?
Yes. Section 287(a) addresses relevant patented articles made or sold by the patentee or persons acting for or under it. Identify licensed products as well as the owner's own activity before concluding that marking has no effect on damages. Describe the business accurately and keep the analysis focused on those concrete issues.