Walker v. Health International Corp., No. 15-1676 (Fed. Cir. 2017)Annotate this Case
Walker filed suit in December 2012, alleging patent infringement. In May 2014, Walker and HSN, both represented by counsel, entered into a Mediated Settlement Agreement, requiring that HSN pay Walker $200,000; Walker was to deliver a release and the parties were to stipulate to dismissal. On May 9, HSN moved to stay deadlines based on the Agreement “that resolves all claims.” Walker opposed the motion, stating that “significant issues” remained. The court denied HSN’s motion. On May 12, HSN sought reconsideration, filing the Agreement and a memorandum arguing that all claims were resolved. During May, Walker moved to file a Third Amended Complaint, moved to set a Markman Hearing, and opposed the filing of the Agreement. On May 29, HSN moved to enforce the Agreement, attaching correspondence from Walker’s counsel acknowledging that the case was settled, but requesting additional discovery. Walker delivered a general release and HSN forwarded the $200,000 payment. Walker filed motions opposing enforcement and attorneys’ fees for HSN. HSN sought sanctions based on Walker’s “meritless filings … on a matter that has been fully resolved.” At a status conference, both parties agreed the case should be dismissed, but disagreed about over what the court retained jurisdiction. The court dismissed and awarded HSN “reasonable attorneys’ fees and costs resulting from Plaintiff’s vexatious actions after the filing of the Notice of Settlement.” Walker unsuccessfully sought reconsideration, then filed an unsuccessful objection to fees. In April 2015, the court entered final judgment awarding HSN $20,511.50 in attorneys’ fees. The Federal Circuit affirmed and, finding Walker’s appeal frivolous, awarded damages and double costs under Federal Rule of Appellate Procedure 38.