Patent owners who lose infringement lawsuits should have to pay the winner’s legal fees more often, a U.S. appeals court said in adding its views to a debate before Congress and the U.S. Supreme Court.

The U.S. Court of Appeals for the Federal Circuit in Washington on Dec. 26 ordered a judge to analyze if memory-cell maker Kilopass Technology Inc. should pay legal fees incurred by closely held competitor Sidense Corp.