The Federal Circuit heard oral arguments in VDPP, LLC v. Volkswagen Group of America, where appellant's counsel faced tough questioning from all three judges. Key issues included patent-marking obligations and sanctions findings. The case raises a significant doctrinal question regarding whether a patentee's settlement through license agreements, where the licensee denies infringement, triggers the marking obligation under 35 U.S.C. § 287(a).
"All three panelists, Chief Judge Moore, Judge Lourie, and Judge Cunningham, pressed Ramey hard on a patent-marking issue, the sanctions findings, and even whether Ramey himself had properly appealed the sanctions order entered against him personally."
"The case has an interesting doctrinal question: when a patentee settles infringement litigation through license agreements in which the licensee denies infringement, does that settlement trigger the marking obligation of 35 U.S.C. § 287(a)?"
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