Firm Memoranda

Federal Circuit May Entertain Patent Infringement Appeal Prior to Trial on Damages

Date: 06/28/13

On June 14, 2013, the United States Court of Appeals for the Federal Circuit, sitting en banc, issued its decision in Robert Bosch, LLC v. Pylon Manufacturing Corp., holding that 28 U.S.C. § 1292(c)(2) confers jurisdiction on the court to entertain appeals from patent infringement liability determinations when a trial on damages has not yet occurred. Further, the court held that it may also entertain appeals from patent infringement liability determinations when willfulness issues remain undecided.

CGR Memo - Federal Circuit May Entertain Patent Infringement Appeal Prior to Trial on Damages.pdf (pdf | 101.78 KB )