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

2020-2038.

15 F.4th 1378 (2021)

ENERGY HEATING, LLC, Rocky Mountain Oilfield Services, LLC, Plaintiffs-Appellees, Marathon Oil Corporation, Marathon Oil Company, Third-Party Defendants-Appellees v. HEAT ON-THE-FLY, LLC, Super Heaters North Dakota, LLC, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: October 14, 2021.

Attorney(s) appearing for the Case

Xiang Li , Davis Wright Tremaine LLP, Seattle, WA, argued for plaintiffs-appellees. Also represented by F. Ross Boundy , 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-appellees. Also represented by John Sullivan.

Devan V. Padmanabhan , Padmanabhan & Dawson, PLLC, Minneapolis, MN, argued for defendants-appellants. Also represented by Britta Loftus , Paul J. Robbennolt.

Before Moore, Chief Judge, Prost and Stoll, Circuit Judges.

On remand on the issue of attorneys' fees (following an affirmed judgment of patent unenforceability due to inequitable conduct), the district court found this case exceptional under 35 U.S.C. § 285 and entered judgment awarding fees to Energy Heating, LLC, Rocky Mountain Oilfield Services, LLC, Marathon Oil Corporation...

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