Expired Patent, Exploding Sanctions: A Costly Litigation Lesson for VDPP and its Attorney
In a recent decision out of the Southern District of Texas, Judge Lee Rosenthal found the patent infringement case brought by VDPP against Volkswagen to qualify for sanctions under the Patent Act 35 U.S.C. § 285. The court also relied upon 28 U.S.C. § 1927 and its inherent powers to directly sanction VDPP’s attorney William P. Ramey (Ramey LLP). VDPP, LLC v. Volkswagen Group of America, Inc., No. H-23-2961 (S.D. Tex. July 11, 2024).
- VDPP Sanctions Memo
- VDPP Dismissal Memo
VDPP’s US Patent No. 9,426,452 claims a system for presenting video content to a viewer wearing electrically controlled spectacles. The system involves reshaping portions of a video stream frame, stitching together frames from different streams, and blending the modified frames with a bridge frame. The spectacles worn by the viewer have independently controlled left and right lenses that can be switched between light and dark states, allowing the video content to be displayed to the viewer in a particular manner, such as by placing both lenses in a dark state while viewing the video. Although the patent appears to be focused on spectacles, VS’s the alleged infringing apparatus is the Surround View system in the dashboard camera.