“Willfulness and Liability, Separate But Equal?”
The Court of Appeals for the Federal Circuit, sitting en banc, recently held in Robert Bosch, LLC v. Pylon Mfg. Corp., __ F.3d __ , Case Nos. 2011-1363, 2011-1364, 2013 WL 2664281, at *13 (Fed. Cir. June 14, 2013) that the court has jurisdiction under 28 U.S.C. §1292(c)(2) to hear appeals from patent infringement liability determinations prior to a trial on damages and while willfulness issues remain outstanding. This article summarizes Bosch and highlights the practical implications of the Federal Circuit’s decision.