Fed. Circ. Wary Of $5M Atty Fee Fight In Fracking Patent Case

Law360 (June 7, 2021, 9:59 PM EDT) -- The Federal Circuit on Monday seemed to agree that Heat On-The-Fly LLC should be on the hook for millions of dollars in legal fees based on a North Dakota federal court's finding that a hydraulic fracturing patent the company asserted against rivals is unenforceable due to inequitable conduct. 

An attorney for the patent owner argued that the trial court wrongly ordered the company last year to shell out $5 million in attorney fees to Marathon Oil Corp. and Energy Heating LLC in a lawsuit over fracking technology. Padmanabhan & Dawson PLLC's Devan V. Padmanabhan told a three-judge panel during oral arguments...

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