Robert Bosch, LLC v. Pylon Manufacturing Corp., No. 11-1363 (Fed. Cir. June 14, 2013)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

We sua sponte took this case en banc to answer two questions. First, does 28 U.S.C. § 1292(c)(2) confer juri s- diction on this court to entertain appeals from patent infringement liability determinations when a trial on damages has not y et occurred? Second, 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? We answer both questions in the affirm ative and return the case…