ENERGY HEATING, LLC v. HEAT ON-THE-FLY, LLC

2016-1559, 2016-1893, 2016-1894.

889 F.3d 1291 (2018)

ENERGY HEATING, LLC, an Idaho Limited Liability Company, Rocky Mountain Oilfield Services, LLC, an Idaho Limited Liability Company, Plaintiffs-Cross-Appellants Marathon Oil Corporation, Marathon Oil Company, Third-Party Defendants-Cross-Appellants v. HEAT ON-THE-FLY, LLC, a Louisiana Limited Liability Company, Super Heaters North Dakota, LLC, a North Dakota Limited Liability Company, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: May 4, 2018.


Attorney(s) appearing for the Case

F. ROSS BOUNDY , Davis Wright Tremaine LLP, Seattle, WA, argued for plaintiffs-cross-appellants. Also represented by BENJAMIN J. BYER , STUART RUSSELL DUNWOODY ; STEVEN VAN GIBBONS , Gibbons & Associates, P.S., Seattle, WA.

SHANE P. COLEMAN , Holland & Hart LLP, Billings, MT, argued for third-party defendants-cross-appellants.

SCOTT A. BRISTER , Andrews Kurth Kenyon LLP, Austin, TX, argued for defendants-appellants. Also represented by LLOYD LEE DAVIS, III , GREGORY LAWRENCE PORTER , Houston, TX.

Before Moore, Hughes, and Stoll, Circuit Judges.


Appellants Heat On-The-Fly, LLC and Super Heaters North Dakota, LLC (together, "HOTF")1 appeal the district court's judgment of inequitable conduct, summary judgment of obviousness, denial of judgment as a matter of law of no tortious interference, construction of disputed claim terms, and dismissal...

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