On October 3, 2013, the Court of Appeals for the Federal Circuit granted National Oilwell Varco, LP’s Motion to Dismiss the appeal of Tesco Corporation. Tesco was appealing District Judge Keith Ellison’s summary judgments of (1) patent invalidity; and (2) limiting liability for Tesco’s failure to mark under 35 U.S.C. § 287(a). NOV moved to dismiss Tesco’s appeal as premature because, as Raley & Bowick argued, the District Court had not ruled upon NOV’s claims for exceptional case and sanctions. The case was remanded to the District Court for determination of attorneys’ fees and costs.