Robert Bosch, LLC v. Pylon Mfg. Corp., No. 11-1363 (Fed. Cir. 2013)Annotate this Case
In 2008, Bosch sued Pylon for patent infringement. Pylon asserted patent infringement counterclaims against Bosch. Pylon moved to bifurcate the issues of liability and damages. The district court granted the motion and stayed discovery on damages issues including willfulness. After the district court entered judgment on the liability issues, both parties appealed. Bosch then moved to dismiss both its appeal and Pylon’s cross-appeal on the grounds that the appeals court lacked jurisdiction. On rehearing, en banc, the Federal Circuit held that 28 U.S.C. 1292(c)(2) does confer jurisdiction to entertain appeals from patent infringement liability determinations when a trial on damages has not yet occurred and when willfulness issues are outstanding and remain undecided.