Opinion
2013-1458
05-14-2014
NOTE: This order is nonprecedential.
Appeal from the United States District Court for the Northern District of California in No. 11-CV-3306, Magistrate Judge Paul S. Grewal.
Before PROST, REYNA, and HUGHES, Circuit Judges. PER CURIAM.
ORDER
The Supreme Court decided Octane Fitness, LLC v. ICON Health & Fitness, Inc., No. 12-1184, 110 U.S.P.Q.2d 1337 (U.S. 2014) on April 29, 2014. IT IS ORDERED THAT:
The district court's order denying declaration of an exceptional case and award of attorneys' fees is vacated and the case is remanded for further proceedings in light of the Supreme Court's decision.
FOR THE COURT
__________
Daniel E. O'Toole
Clerk of Court
cc: Yar R. Chaikovsky
John J. Edmonds