Energy Heating, LLC v. Heat On-The-Fly, LLC, No. 20-2038 (Fed. Cir. Oct. 14, 2021)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

On remand on the issue of attorneys’ fees (following an affirmed judgment of patent unenforceability due to ineq- uitable conduct), the district court found th is case excep- tional under 35 U.S.C. § 285 and entered judgment awarding fees to Energy Heating, LLC, Rocky Mountain Oilfield Services, LLC, Marathon Oil Corporation, and Marathon Oil Company (collectively, “Appellees”) . Heat On-The-Fly, LLC and Super Heaters North Dakota, LLC (collectively, “HOTF”)1 now appeal the district court’s ex- ceptionality determination. We affirm.