Vdpp, LLC v. Volkswagen Group of America, Inc.

Summary

The court affirmed dismissal of VDPP's patent-infringement complaint without leave to amend because the proposed amendment failed to plausibly plead compliance with the patent-marking notice requirement, including by VDPP's licensees. It also affirmed the attorney-fee award because the district court reasonably found the case exceptional based on frivolous and unreasonable positions, misconduct, and a pattern of abusive litigation. The court dismissed the challenge to counsel's sanctions because counsel did not timely appeal personally and VDPP lacked standing to challenge sanctions imposed on counsel.