In her Aug. 13 decision, Judge Rosenthal stated: "The entire case was exceptional, from the outset, for reasons that VDPP and its counsel knew. There is no need to allocate the fees between the frivolous and non-frivolous aspects of the case. It was all frivolous." This underscores the judge's view that the lawsuit was entirely without merit.
Rosenthal criticized VDPP's actions, stating, "VDPP sought future damages that were clearly unrecoverable because the patent had expired and past damages that were clearly unrecoverable because VDPP had not complied with marking requirements." This highlights the legal missteps and unfounded claims presented by the plaintiff.
The judge further noted that VDPP "lied about the existence of prior licensing agreements that confirmed the meritless nature of its case," illustrating a serious lack of integrity in the legal process as well as in the arguments made by VDPP.
Rosenthal emphasized the frivolity of the entire case, stating that it showcased 'chutzpah,' thus holding both the lawyer and the client accountable for the legal fees incurred by the defendant.
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