Icon Health & Fitness, Inc. v. Octane Fitness, LLC et al, 0-09-cv-00319 (MND July 1, 2015, Order) (Montgomery, J.)
Rule 11 Does Not Prohibit Section 285 Attorney Fees Award Against Represented Party
Following dismissal of plaintiff's actions for Rule 11 violations, the court granted defendants' motion for attorney fees under 35 U.S.C. § 285 and rejected plaintiff's argument that Rule 11 prohibited an award of fees against a represented party. "Plaintiff contends that [awarding fees] would undermine Rule 11(c)(5)(A), which provides that fees should not be assessed against a represented party for a violation of Rule 11(b)(2). . . . Plaintiff was unable to cite any cases supporting its proposition. One of the factors to consider in deciding whether a case is exceptional is 'objective unreasonableness (both in the factual and legal components of the case).' An objectively unreasonable legal argument is therefore an appropriate consideration in declaring a case exceptional, even if the party is represented."
Vehicle Operation Technologies LLC v. Ford Motor Company, 1-13-cv-00539 (DED July 1, 2015, Order) (Andrews, J.)