Marathon, Others Defend Patent Case Fee Award at Federal Circuit

A three-judge panel of the Federal Circuit appeared unconvinced by arguments that Marathon Oil Co. and others involved in hydraulic fracturing operations were improperly awarded $5 million in attorneys’ fees in a patent case.

The U.S. District Court for the District of North Dakota originally found that fees weren’t warranted in the case, but later awarded them after the U.S. Court of Appeals for the Federal Circuit asked for more explanation.

Patent owner Heat On-the-Fly LLC appealed that perceived flip-flop, arguing that the trial court hadn’t found it committed any litigation misconduct.

Chief Judge Kimberly A. Moore and Judges Sharon ...