Tag: Exceptional Case
-
VDPP v. Volkswagen: Settlement Licenses Can Trigger Patent-Marking Consequences Under § 287
A patent owner that makes no products of its own can still lose pre-suit damages when its licensees sell unmarked patented products. In VDPP, LLC v. Volkswagen Group of America, Inc., Case No. 24-2226 (Fed. Cir. August 19, 2026), the Federal Circuit affirmed dismissal of a patent-infringement action because VDPP could not plausibly allege compliance with…
-
mCom v. City National: Federal Circuit Reins in Patent Fee Awards After Post-IPR Dismissal
The Federal Circuit’s recent decision in mCom IP, LLC v. City National Bank of Florida , Case No. 24-2089 (Fed. Cir. May 15, 2026),offers an important reminder that losing a patent case, even badly, does not automatically make a case “exceptional” under 35 U.S.C. § 285. The opinion also reinforces that sanctions against counsel under…