Rule 11 sanctions motions denied and attorneys fees ordered

December 16, 2014 – United States District Judge for the Eastern District of Texas, Marshall Division, Rodney Gilstrap, denied two related Rule 11 sanctions motions in the pending case Syneron Medical Ltd. v. Viora Ltd. et al., Civil Action No. 2:14-cv-00639 (E.D. Tx. 2014). The sanctions motions related to Syneron Medical’s filing of a patent infringement lawsuit concerning Syneron Medical’s U.S. Patent No. 6,662,054, entitled “Method and system for treating skin.” Syneron Medical and Viora produce skin treatment systems that tighten the skin, increase blood circulation and metabolism, and reduce fat cell volume. Defendants Viora Ltd. et al. claimed, prior to any discovery and just after the case was filed, that Syneron Medical’s proffered claim constructions and resulting infringement allegations were so frivolous that they constituted sanctionable conduct. Syneron Medical claimed that Defendants’ Rule 11 motion was so frivolous that bringing the motion itself constituted sanctionable conduct. After the filing of ten briefs and 1,700 pages of materials, Judge Gilstrap denied both motions and ordered Defendants to pay Syneron Medical’s attorney fees for defending the motion up to $10,000.

By: Frederick C. Millett

View Attachment (PDF)