NOTE: This order is nonprecedential.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. § 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 /s/ Daniel E. O’Toole
Date Daniel E. O’Toole
Clerk of Court
cc: David R. Wright
Rudolph A. Telsher, Jr.