FRENCHPORTE IP LLC v. C.H.I. OVERHEAD DOORS, INC.

FRENCHPORTE IP LLC v. C.H.I. OVERHEAD DOORS, INC. The Federal Circuit affirmed the sanctions allocation, holding that the district court did not rely on an ex parte letter and did not abuse its discretion in splitting responsibility evenly between Moarbes and FrenchPorte. Moarbes had conceded that sanctions were appropriate and challenged only its share of responsibility. Counsel facing sanctions cannot avoid allocation by pointing to allegedly improper materials where the order is supported by counsel’s own filings and the challenged material was expressly not considered. Affirmed. The appeal concerned allocation of sanctions, not the merits of the underlying patent claims. Moarbes conceded the $46,438.60 sanctions award was appropriate and argued only that FrenchPorte, not Moarbes, should bear the responsibility. Moarbes’s sole theory was that the district court impermissibly relied on an ex parte letter from FrenchPorte’s CEO. The Federal Circuit found the district court expressly disclaimed reliance on that letter and instead relied on Moarbes’s own filings showing partial funding and repeated noncompliance with court orders. Applying abuse-of-discretion review, the court affirmed the 50/50 allocation. attorney fees / sanctions waiver / forfeiture non-precedential attorney fees / sanctions waiver / forfeiture non-precedential attorney fees / sanctions non-precedential