This morning the Federal Circuit issued a precedential in a patent case appealed from the District of North Dakota and addressing exceptionality and attorneys’ fees. The Federal Circuit also issued a nonprecedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. Finally, the Federal Circuit issued three Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

Energy Heating, LLC v. Heat On-The-Fly, LLC (Precedential)

On remand on the issue of attorneys’ fees (following an affirmed judgment of patent unenforceability due to inequitable conduct), the district court found this case exceptional 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”) now appeal the district court’s exceptionality determination. We affirm.

Galvan v. McDonough (Nonprecedential)

Tony G. Galvan appeals a decision of the U.S. Court of Appeals for Veterans Claims (Veterans Court) dismissing his appeal challenging two Board of Veterans’ Appeals (Board) decisions—one on the merits and one on reconsideration. We dismiss for lack of jurisdiction.

Rule 36 Judgments