Fracking Co. Asks Fed. Circ. To Undo Exceptional Finding

Law360 (October 23, 2020, 10:42 PM EDT) -- Heat On-The-Fly LLC has asked the Federal Circuit to reverse a district court ruling made on remand that a case involving its hydraulic fracturing patent, which was found to be unenforceable due to inequitable conduct, is exceptional.

In an opening brief filed Thursday, the company said the case "presents an extraordinary circumstance" because the district court judge adopted a magistrate judge's report and recommendation that the case is exceptional and, therefore, attorney fees are warranted, but without making any additional factual findings.

The decision departed from the district court's earlier ruling that the case was not exceptional after determining that Heat...

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