June 14, 2013
Today the U.S. Court of Appeals for the Federal Circuit issued its en banc decision in Robert Bosch LLC v. Pylon Manufacturing Corp. The court ruled that 28 U.S.C. § 1292(c)(2) does confer jurisdiction to the court to entertain appeals from patent infringement liability determinations when a trial on damages has not yet occurred. The court further ruled that the statute also confers jurisdiction to entertain appeals from patent infringement liability determinations when willfulness issues are outstanding and remain undecided.
Fitch Even attorneys are studying the decision and will comment further in an upcoming IP Alert.
Fitch Even IP Alert