Utah Firm Sanctioned $361K Over Nitrogen Ice Cream IP Suit

Law360 (April 30, 2018, 9:01 PM EDT) -- A Utah firm's "continuous and repeated" misconduct representing a franchise business in a suit against the owners of a Kentucky ice cream shop warrant a $361,840 fees-and-costs sanction, a Utah federal judge said Friday.

U.S. District Judge Bruce S. Jenkins said lawyers for Sub Zero Franchising at Kirton McConkie PC violated Rule 11 just by signing a complaint in 2015 against The Arctic Scoop, by failing to investigate whether their client had the right to enforce a patent for making ice cream with liquid nitrogen.

Judge Jenkins said the company's infringement claim against the shop was made without evidentiary support, and...

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