ICON HEALTH & FITNESS v. OCTANE FITNESS , No. 11-1521 (Fed. Cir. 2014)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on October 24, 2012.
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NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ ICON HEALTH & FITNESS, INC., Plaintiff-Appellant, v. OCTANE FITNESS, LLC, Defendant-Cross-Appellant. ______________________ 2011-1521, -1636 ______________________ Appeals from the United States District Court for the District of Minnesota in No. 0:09-CV-0319-ADM-SER, Judge Ann D. Montgomery. ______________________ SUA SPONTE ______________________ Before NEWMAN and LOURIE, Circuit Judges. * PER CURIAM. ORDER Randall R. Rader, who retired from the position of Circuit Judge on June 30, 2014, did not participate in this decision. * 2 ICON HEALTH & FITNESS v. OCTANE FITNESS The court sua sponte enters the following order in ICON Health & Fitness, Inc. v. Octane Fitness, LLC (No. 2011-1521, -1636). IT IS ORDERED THAT: The parties are hereby directed to file briefs, not to exceed fifteen pages each, addressing the impact of the Supreme Court s decisions in Octane Fitness, LLC v. ICON Health & Fitness, Inc., 573 U.S. __, 134 S. Ct. 1749 (2014) and Highmark Inc. v. Allcare Health Management System, Inc., 572 U.S. __, 134 S. Ct. 1744 (2014) on the issue of attorney fees under 35 U.S.C. ยง 285 in this case and how the court should proceed following the remand of the case from the Supreme Court. The briefs shall be filed no later than August 12, 2014. FOR THE COURT July 14, 2014 Date cc: David R. Wright Rudolph A. Telsher, Jr. /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court
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