A District Court in Texas is on the verge of overruling the U.S. Court of Appeals for the Federal Circuit on exceptional-case attorney fees.

Two Federal Circuit judges voiced serious displeasure Tuesday that U.S. District Judge Rodney Gilstrap, of the Eastern District of Texas ignored their strong hint two years ago to award fees in a patent dispute between online retailer Newegg and Acacia Research Corp. subsidiary Adjustacam Inc.

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