10th Circ. Revives Fee Bid In IPS, Drake Patent Fight

Law360, New York (June 16, 2011, 9:36 PM EDT) -- The Tenth Circuit on Thursday reversed a decision denying adversaries Interstate Power Systems Inc. and Drake Water Technologies Inc. attorneys' fees in a patent licensing dispute over natural gas production technology, saying the lower court must make a thorough analysis.

A three-judge panel said that a Wyoming district court misinterpreted the paragraph of the licensing deal that decides when the two will indemnify each other.

The appeals court, though, said that the denial of fees for either side might still stand.

“Although we express no opinion...
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