Precision Links, Inc. v. USA Products Group Inc. et al

Filing 124

ORDER that within thirty (30) days of the entry of this Order, the parties shall submit supplemental briefs addressing the issues identified in the Federal Circuits Order. Signed by District Judge Martin Reidinger on 8/12/2013. (Pro se litigant served by US Mail.)(blf)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL CASE NO. 3:08-cv-00576-MR

PRECISION LINKS INCORPORATED, )
)
Plaintiff,
)
)
vs.
)
)
USA PRODUCTS GROUP, INC. and )
HOME DEPOT U.S.A., INC.,
)
)
Defendants.
)
________________________________ )

ORDER

THIS MATTER is before the Court on remand from the United States
Court of Appeals for the Federal Circuit, __ F. App’x __, 2013 WL 2450630
(Fed. Cir. June 7, 2013), and the mandate thereof [Doc. 123].
In its Order, the Federal Circuit held as follows:
In sum, while we sustain most of the district court's
findings, we disagree with its ruling with respect to
whether Precision's infringement contention under
claim 1 was baseless. Where, as in this case, the
“underpinnings” of the district court's fee award “are
partially reversed, we may remand for further
evaluation by the trial court.”
Molins PLC v.
Textron, Inc., 48 F.3d 1172, 1186 (Fed. Cir. 1995).
Because the allegations as to claim 1 played a
significant part in the litigation before the district
court, and in the court's exceptional case
determination, we vacate the attorney fee award
and remand this case for consideration of “the

specific types of conduct” we have identified as
potentially supporting a fee order. Id. On remand,
the district court should determine whether it
continues to regard this case as exceptional and
deserving of an attorney fee award in light of our
holding that Precision's infringement allegations as
to claim 1 were not frivolous. If so, it should
determine what award amount is appropriate for the
remaining conduct.
Precision Links, 2013 WL 2450630, at *6.
In light of the Federal Circuit’s remand, the Court enters the following
Order.
IT IS, THEREFORE, ORDERED that within thirty (30) days of the
entry of this Order, the parties shall submit supplemental briefs addressing
the issues identified in the Federal Circuit’s Order.

Such supplemental

briefs shall not exceed fifteen (15) pages and shall be double-spaced and
in 14-point font.
IT IS SO ORDERED.

Signed: August 12, 2013

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