United States Court of Appeals
for the Federal Circuit
July 19, 2018
ERRATA
Appeal Nos. 2016-1559, 2016-1893, 2016-1894 ENERGY HEATING, LLC, AN IDAHO LIMITED LIABILITY COMPANY, ROCKY MOUNTAIN
OILFIELD SERVICES, LLC, AN IDAHO LIMITED
LIABILITY COMPANY,
Plaintiffs-Cross-Appellants
MARATHON OIL CORPORATION, MARATHON OIL
COMPANY,
Third-Party Defendants-Cross-Appellants
v.
HEAT ON-THE-FLY, LLC, A LOUISIANA LIMITED LIABILITY COMPANY, SUPER HEATERS NORTH DAKOTA, LLC, A NORTH DAKOTA LIMITED
LIABILITY COMPANY,
Defendants-Appellants Decided: May 4, 2018
Precedential Opinion
Please make the following changes:
22 ENERGY HEATING, LLC v. HEAT ON-THE-FLY, LLC
On page 16, lines 34–35, delete:
HOTF did not object Replace the deleted language with:
no one objected
On page 17, lines 24–27, delete:
Energy, however, also called Mr. Lind, who testified that, according to Mr. Kelley, Mr. Lyles had mentioned the patent to Mr. Kelley. HOTF did not object to Mr. Lind’s testimony. Replace the deleted language with:
HOTF, however, subsequently called Mr. Lind as an adverse witness. HOTF elicited from him the same allegedly hearsay statements to which Mr. Powell had earlier testified and to which HOTF had previously objected. No one objected to Mr. Lind’s testimony.
On page 17, lines 29–30, delete:
On this unusual record where HOTF did not object to Mr. Lind’s testimony, Replace the deleted language with:
On this unusual record, where HOTF itself elicited Mr. Lind’s testimony,