VDPP, LLC v. Starbucks Corporation: Patent Suit Dropped in 47 Days
VDPP, LLC asserted US9948922B2 — covering faster state-transitioning variable-tint 3D filter spectacles — against Starbucks Corporation in the Western District of Texas. The case ended in a voluntary dismissal without prejudice just 47 days after filing, before Starbucks served any answer or dispositive motion.
A 47-Day Patent Assertion Against Starbucks: What Happened?
On November 13, 2025, VDPP, LLC — a patent assertion entity — filed suit against Starbucks Corporation in the Western District of Texas before Judge David Counts, asserting infringement of US9948922B2. The patent relates to faster state-transitioning technology for continuous adjustable 3Deeps filter spectacles using multi-layered variable tint materials, a display and optics technology domain. Starbucks, a global coffeehouse chain, was named as the sole defendant.
The case terminated on December 30, 2025, when the court processed VDPP’s Notice of Voluntary Dismissal Without Prejudice filed the previous day. Invoking Federal Rule of Civil Procedure 41(a)(1)(A)(i), VDPP dismissed all claims before Starbucks served an answer or a motion for summary judgment. Under that rule, the dismissal was self-effectuating — requiring no court order. The court confirmed closure and directed each party to bear its own costs, expenses, and attorney fees.
The 47-day lifespan is unusually brief and suggests the case may have served a pre-litigation or licensing pressure function, or that VDPP identified a procedural or claim-mapping issue requiring reassessment before the defense engaged. Because Starbucks never appeared with counsel on the docket and no defendant agents are recorded, the public record is silent on whether any out-of-court communication prompted the withdrawal. A without-prejudice dismissal preserves VDPP’s ability to refile against Starbucks or pursue other targets on the same patent.
Filing to Dismissed without Prejudice in 47 days
47 days — notably short; median patent cases in W.D. Tex. typically run 18–24 months
Voluntarily dismissed without prejudice: what this means for both parties
Rule 41(a)(1)(A)(i): self-effectuating dismissal
Federal Rule of Civil Procedure 41(a)(1)(A)(i) permits a plaintiff to dismiss an action without a court order by filing a notice before the opposing party serves an answer or a motion for summary judgment. Because Starbucks had not yet responded, VDPP’s notice was legally self-executing — the court confirmed closure but was not required to issue an affirmative order. This is among the simplest exits available in federal civil litigation.
No court order required‘Without prejudice’ preserves VDPP’s right to refile
A dismissal without prejudice means the claims are not adjudicated on the merits and the plaintiff is not barred from bringing them again. A dismissal with prejudice, by contrast, would extinguish the claims permanently. Here, the verdict text explicitly states ‘without prejudice,’ so VDPP retains the ability to refile the same infringement claims against Starbucks or assert US9948922B2 against other defendants in a future action.
Refile right preservedStarbucks exits without liability — but exposure remains open
Starbucks faces no judgment, injunction, or damages award from this proceeding. The cost-neutrality order also means no fee-shifting burden. However, the without-prejudice nature of the dismissal means Starbucks cannot treat this patent as definitively resolved. If VDPP refiles — whether against Starbucks or after extracting licenses from others in the same space — Starbucks may face renewed exposure on US9948922B2.
No current liabilityPatent remains live; sector players should monitor VDPP’s next move
US9948922B2 survives this case fully intact. VDPP’s withdrawal before Starbucks engaged suggests the assertion strategy may be recalibrating — targeting different defendants, refining claim charts, or pursuing parallel licensing discussions. Companies in display optics, augmented/mixed reality eyewear, or variable-tint lens technology that intersect with this patent’s claims should track VDPP’s future filings and consider whether a freedom-to-operate assessment is warranted.
Patent still enforceableFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | VDPP, LLC | Company | Patent assertion entity — holder of US9948922B2, variable-tint 3D filter spectacles techSearch in Eureka ↗ |
| Defendant | Starbucks Corporation | Company | Starbucks Corporation — global coffeehouse and consumer brand chainSearch in Eureka ↗ |
| Plaintiff counsel | William P. Ramey , III | Attorney | Counsel for VDPP, LLCSearch in Eureka ↗ |
| Plaintiff law firm | Ramey LLP | Law Firm | Representing VDPP, LLCSearch in Eureka ↗ |
| Presiding judge | Judge David Counts | Judge | Texas Western District CourtSearch in Eureka ↗ |
Official order — verbatim text
The court’s order confirms a procedurally clean exit under Rule 41(a)(1)(A)(i): because Starbucks had not served an answer or summary judgment motion, the dismissal was self-effectuating and required no judicial intervention on the merits. The explicit ‘without prejudice’ designation is legally significant — it means no res judicata bar attaches, leaving VDPP free to reassert US9948922B2 in a future action. The cost-neutrality directive is consistent with default Rule 41 practice absent a prior court order specifying otherwise.
US9948922B2 — Variable-Tint 3D Filter Spectacles State-Transition Technology
US9948922B2 (application number US15/683623) covers faster state-transitioning technology for continuous adjustable 3Deeps filter spectacles using multi-layered variable tint materials. The patent addresses the speed and control of tint-state changes in layered optical filter lenses — a technical problem relevant to any eyewear or display system requiring rapid, precise modulation of light transmission. The application predates the mass-market emergence of consumer AR/VR headsets, placing it in an era when electronically controlled eyewear was transitioning from cinema to broader consumer use cases.
Strategically, US9948922B2 sits at a potentially broad intersection: any product involving electronically switchable or multi-layer variable tint optics — including smart glasses, adaptive lens systems, or AR display eyewear — could theoretically be mapped against its claims. VDPP’s decision to assert against Starbucks, a consumer retail brand rather than a traditional optics or electronics manufacturer, raises questions about the breadth of the claim-mapping strategy or whether Starbucks distributes a product incorporating relevant lens technology. Companies active in wearable display, smart eyewear, or light-filtering IP should assess this patent carefully.
Should you run an FTO analysis against US9948922B2?
Any company developing, distributing, or licensing products incorporating multi-layer variable tint lenses, electronically switchable filter spectacles, or adaptive optical eyewear in the US market should treat this patent as a live risk. VDPP’s willingness to assert against a non-traditional technology defendant like Starbucks — and the without-prejudice exit that preserves refile rights — suggests the patent holder is actively exploring the broadest possible interpretation of covered products and commercial actors.
PatSnap Eureka’s FTO Search Agent lets R&D and legal teams map product features against the independent and dependent claims of US9948922B2 in minutes. You can assess state-transition speed limitations, multi-layer material claim elements, and prior art landscape in a single workflow — then generate a defensible FTO summary report. With VDPP’s next filing unknown, proactive clearance now is lower cost than reactive defense later.
Run a freedom-to-operate analysis on US9948922B2 to assess your product’s exposure
Run FTO in Eureka →Similar Patent Assertion Cases: Variable-Tint Optics & W.D. Texas PAE Filings
Explore related patent infringement actions asserting display optics and wearable lens technology patents in the Western District of Texas and comparable PAE-driven venues.
What this case signals for the display optics and patent assertion IP landscape
A 47-day lifecycle against a high-profile defendant in W.D. Tex. is a pattern worth decoding for any patent team active in optics or display technology.
Short-lived PAE suits in W.D. Tex. often signal a licensing pivot, not withdrawal
When a patent assertion entity files and voluntarily withdraws before the defendant answers, it frequently indicates a shift in strategy rather than abandonment — whether that means refiling with refined claims, approaching other targets, or opening licensing talks away from court. VDPP’s rapid exit from this case is consistent with that pattern and should not be read as a concession on the patent’s validity or scope.
Cost neutrality order limits Starbucks’ recovery but confirms no fee-shifting risk for VDPP
The court’s order that each party bear its own costs is standard for Rule 41(a)(1)(A)(i) voluntary dismissals. It means Starbucks cannot recover defense costs incurred during the 47-day window. For VDPP, it also confirms no attorney-fee sanction exposure at this stage — leaving the plaintiff free to reassert without the chilling effect of a prior adverse cost award.
VDPP v Starbucks — key questions answered
VDPP, LLC filed a patent infringement action against Starbucks Corporation in the Western District of Texas on November 13, 2025, asserting US9948922B2. The case was voluntarily dismissed without prejudice by VDPP on December 29, 2025, under Rule 41(a)(1)(A)(i), before Starbucks served any answer. The case closed on December 30, 2025, after just 47 days.
A dismissal without prejudice means no adjudication on the merits occurred. VDPP is not barred by res judicata from refiling the same infringement claims against Starbucks in the future, or from asserting US9948922B2 against other defendants. The patent itself remains fully enforceable and was not challenged or invalidated in this proceeding.
US9948922B2 covers faster state-transitioning for continuous adjustable 3Deeps filter spectacles using multi-layered variable tint materials — a technology relating to electronically controlled optical filtering in layered lens systems. The specific nexus to Starbucks’ products is not detailed in the public court record, as the case closed before any substantive pleadings were filed by the defense.
VDPP was represented by William P. Ramey III of Ramey LLP. Ramey LLP is associated with a significant volume of patent assertion filings in Texas federal courts, frequently representing non-practicing entities asserting technology patents against consumer-facing companies. No defendant counsel appeared on the docket during the 47-day case window.
The court ordered each party to bear its own costs, expenses, and attorney fees — a standard outcome for a Rule 41(a)(1)(A)(i) voluntary dismissal. This means Starbucks cannot recover any defense costs incurred during the case, and VDPP faces no attorney-fee award or sanction. No exceptional-case finding under 35 U.S.C. § 285 was made because the case closed before any substantive merits proceedings.
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