Narrative Opinion Summary
Nautilus Group, Inc. filed a motion for leave to submit a reply to ICON Health and Fitness, Inc.'s opposition concerning its combined petition for panel rehearing and rehearing en banc. The court has denied this motion. Additionally, the court notes that ICON has not yet responded to Nautilus's motion. Nautilus is reminded of its obligation under Fed. Cir. Rule 27(a)(5) to consult with other parties regarding the motion and to disclose whether any party will object or respond. Non-compliance with this rule has led to the court being uninformed about opposing counsel’s stance on the requested relief.
Legal Issues Addressed
Motion for Leave to File Additional Repliessubscribe to see similar legal issues
Application: Nautilus Group, Inc.'s request to submit a reply to ICON's opposition was denied by the court.
Reasoning: Nautilus Group, Inc. filed a motion for leave to submit a reply to ICON Health and Fitness, Inc.'s opposition concerning its combined petition for panel rehearing and rehearing en banc. The court has denied this motion.
Obligation to Consult Under Fed. Cir. Rule 27(a)(5)subscribe to see similar legal issues
Application: Nautilus failed to comply with the requirement to consult with other parties and disclose opposing parties' positions, affecting the court's understanding of the case.
Reasoning: Nautilus is reminded of its obligation under Fed. Cir. Rule 27(a)(5) to consult with other parties regarding the motion and to disclose whether any party will object or respond. Non-compliance with this rule has led to the court being uninformed about opposing counsel’s stance on the requested relief.