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NAUTILUS GROUP, INC. v. ICON HEALTH AND FITNESS

Nos. 05-1577, 05-1603.

437 F.3d 1376 (2006)

The NAUTILUS GROUP, INC. (formerly known as Direct Focus, Inc.), Plaintiff-Appellant, v. ICON HEALTH AND FITNESS, INC., Defendant-Appellee. The Nautilus Group, Inc. (formerly known as Direct Focus, Inc.), Plaintiff-Appellee, v. Icon Health and Fitness, Inc., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

February 15, 2006.

Attorney(s) appearing for the Case

Stanley M. Gibson, Jeffer, Mangels, Butler & Marmaro LLP, of Los Angeles, California, for plaintiff-appellant. With him on the brief was Brian W. Kasell. Also on the brief was Richard G. Taranto, Farr & Taranto, of Washington, DC.

Brent P. Lorimer, Workman Nydegger, of Salt Lake City, Utah, for defendant-appellee. With him were Thomas R. Vuksinick, Larry R. Laycock, David R. Todd and Robert E. Aycock.

Before MICHEL, Chief Judge, NEWMAN and BRYSON, Circuit Judges.

PER CURIAM. Circuit Judge NEWMAN dissents.

ON MOTION

PER CURIAM.

ORDER

The Nautilus Group, Inc. moves to dismiss ICON Health & Fitness, Inc.'s appeal 05-1603. ICON opposes. Nautilus replies.

The United States District Court for the Western District of Washington, in No. 02-2420, entered a final judgment pursuant to Federal Rule of Civil Procedure 54(b) "in favor of ICON and against Nautilus on ICON's counterclaim for...

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