Federal Circuit Grills Sanctioned Patent Lawyer Over Conduct

During  Federal Circuit oral arguments in VDPP LLC v. Volkswagen Grp. of Am. Inc., Finnegan partner Dan Tucker represented Volkswagen Group of America as the court reviewed a $207,000 sanctions order issued against  attorney Bill Ramey and his client VDPP LLC for litigation misconduct.

The panel pressed Ramey on multiple issues, including pursuing infringement damages on an expired patent, mischaracterizing communications with opposing counsel, and attempting to amend the complaint after significant deficiencies were identified. Judges Alan Lourie and Chief Judge Kimberly Moore expressed strong skepticism toward Ramey’s explanations.

Dan Tucker emphasized that the district court correctly denied VDPP’s proposed amendment because it would not have cured the underlying defects. Dan noted that VDPP initially denied having licensed the patent, an assertion disproven once Volkswagen produced evidence of prior licenses.

Dan explained that the amendment would have been futile, stating that the case was, in a sense, an “easy” one because VDPP’s shifting positions left no factual basis to support its presuit damages theory. He further underscored the absence of any factual allegations regarding licensee conduct, noting “even in the proposed amended complaint there was no effort at all to allege a single fact regarding these licensee’s behaviors.”

Chief Judge Moore signaled the court may consider a broader rule governing non‑practicing entities’ ability to seek presuit damages when their licenses do not address patent marking, remarking, “I’m feeling a bright line rule coming on.”

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