August 2012

Looking Ahead

This month, in Robert Bosch LLC v. Pylon Manufacturing Corp., Nos. 11-1363, -1364 (Fed. Cir.
Aug. 7, 2012), the Federal Circuit ordered en banc review to consider its jurisdiction over an interlocutory appeal where there remains pending in the district court a jury trial on issues of damages and willfulness.

Section 1292(c) gives the Court exclusive jurisdiction over interlocutory appeals where an injunction has been issued (§ 1292(c)(1)), and where a patent infringement judgment “would otherwise be appealable to the . . . Federal Circuit and is final except for an accounting” (28 U.S.C. § 1292(c)(2)).

The Court requested briefing on the following issues:

a) 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?

b) 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?

Slip op. at 2.

Read the full summary of the Court’s decision in next month’s edition of Last Month at the Federal Circuit.