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Heat On-The-Fly, LLC, et al. v. Energy Heating, LLC, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-2038 · judgment October 14, 2021


Certiorari denied · March 21, 2022
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Must a district court consider litigation misconduct, or lack thereof, in determining whether a case is exceptional under 35 U.S.C. § 285?

Counsel of record

For petitioner
Devan Viswanathan Padmanabhan
Padmanabhan & Dawson, PLLC

For respondent
Frederick Ross Boundy
Davis Wright Tremaine LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 21 2022
    Petition DENIED.
  2. Feb 23 2022
    DISTRIBUTED for Conference of 3/18/2022.
  3. Jan 28 2022
    Waiver of right of respondents Energy Heating, LLC and Rocky Mountain Oilfield Services, LLC to respond filed.
  4. Jan 12 2022
    Petition for a writ of certiorari filed. (Response due February 14, 2022)