Local ice cream business, The Arctic Scoop, represented by Robert Theuerkauf and Dan Redding, achieved a significant victory in a case pending in federal court in Utah on April 27, receiving an award of the Arctic Scoop’s full attorneys’ fees, costs and expenses incurred in the litigation as sanctions. National chain Sub Zero Franchising, headquartered in Salt Lake City, filed suit against Arctic Scoop in 2015, asserting claims of patent infringement, trade secret misappropriation and breach of contract and accusing Arctic Scoop of utilizing proprietary methods of making custom ice cream using liquid nitrogen. After obtaining dismissal of the patent claims and further demonstrating the lack of evidence to support the trade secret and contract claims, Arctic Scoop sought sanctions against Sub Zero’s counsel, the law firm of Kirton McConkie, for filing each claim at issue and for misconduct throughout the course of the lawsuit. The United States District Court for the District of Utah granted the sanctions motion and ordered payment of all the fees, costs and expenses incurred by Arctic Scoop in the litigation, in the amount of $361,841.93.
April 27, 2018