In an untimely appellate brief, VDPP LLC and Ramey LLP have argued that the dismissal of VDPP’s complaint against Volkswagen with prejudice by Southern District of Texas Judge Lee H. Rosenthal, as well as the imposition of related sanctions, should all be reversed. Per the appellants, “The sanctioning of VDPP and Mr. Ramey for filing the complaint, without providing leave to amend, is a dangerous precedent that will have a chilling effect on all patent owners, but especially nonpracticing entities (‘NPEs’) seeking to enforce the rights granted by the government”. The pair contend that VDPP, as an NPE, had no obligation to mark; that, given their belief that no accused product actually practiced the asserted patents, none of the prior defendants with which VDPP settled had an obligation to mark; and that VDPP therefore was not required to plead compliance with the marking statute. These same arguments are also teed up before multiple district courts concerning motions to dismiss VDPP’s ongoing stream of new complaints.