SAN FRANCISCO — If a patent holder doesn’t get a favorable claim construction order and presses ahead with litigation anyway, is it now at risk of a big attorney fee award under new U.S. Supreme Court case law?

U.S. District Judge Jon Tigar wrestled with that question Thursday as he became the latest federal judge tasked with applying the high court’s new, flexible, and somewhat vague, Octane Fitness standard for fee shifting in patent cases.