A U.S. appeals court on Thursday affirmed an award of more than $5 million in attorneys' fees for Marathon Oil Corp and others against a Louisiana company that had pursued patent infringement claims against them despite knowing its fracking patent was invalid.
A North Dakota federal judge correctly found that the fee award was justified based on Heat On-The-Fly LLC's particularly weak infringement claims, related to a patent obtained by hiding relevant information from the U.S. Patent and Trademark Office, the U.S. Court of Appeals for the Federal Circuit said.
"This decision caps almost nine years of needless litigation brought on by Heat On-The-Fly's principals and parents," Ross Boundy of Davis Wright Tremaine, who represented Energy Heating and Rocky Mountain, said in an email. "We could not be more pleased that Heat On-The-Fly has been held accountable."
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