Federal Circuit has jurisdiction over liability determination before a trial on damages or willfulness

 Robert Bosch, LLC v. Pylon Manufacturing Corp., C.A. Nos. 2011-1363, 2011-1364, (Fed. Cir. June 14, 2013).

En banc Federal Circuit decision addressing jurisdiction over liability in bifurcated cases. Majority opinion written by Circuit Judge Prost, joined by Rader, Newman, Lourie, and Dyk.  Circuit Judges Moore and Reyna concurred in part and dissented in part. Circuit Judges O’Malley and Wallach dissented.

On June 14, the Federal Circuit issued an en banc opinion in an appeal it took sua sponte from the District of Delaware to address the following two issues:

1. Does 28 U.S.C. § 1292(c)(2) confer jurisdiction on this court to entertain appeals from patent infringement liability determinations when a trial on damages has not yet occurred?

2. Does 28 U.S.C. § 1292(c)(2) confer jurisdiction on this court to entertain appeals from patent infringement liability determinations when willfulness issues are outstanding and remain undecided? 
The Federal Circuit answered yes to both questions.

 

 

 

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