The Business Litigation Blog

Federal Circuit’s Decision to Hear Appeal before Damages

The Federal Circuit Court of Appeals ruled on Friday that it would hear Pylon Manufacturing’s appeal of a decision regarding patent infringement in favor of Robert Bosch LLC.

The case, which began back in 2008, revolves around a patent on windshield wiper parts in which the District Judge, Sue Robinson, split the case between the issues of liability and damages. The jury found that Pylon infringed upon Bosch’s patents, and Pylon appealed.

When Bosch moved to dismiss the appeal on the basis that the Federal Court lacked jurisdiction to hear it, the court decided to consider the issues related to jurisdiction en banc (in front of an entire bench as opposed to a panel of only three judges).

The ruling on Friday centered on deciding what constitutes an “accounting”, because the Federal Court has the power to hear a district decision that is not final only if the only thing left is an accounting. Bosch argued that an accounting consisted of Pylon’s profits, but the court ruled that it could include a trial on damages. While the court voted 5-4 on the issue of whether it had jurisdiction, the majority said that they could hear the appeal.

The appeal is set to be heard by a panel of Federal Court judges.

The Federal Court’s decision to hear the appeal could increase the number of bifurcated patent trials.

The world of patents is experiencing a lot of change. It is important that legal professionals stay current in order to provide their clients with adequate legal advice and representation. The Patterson Law Firm consistently stays up to date in order to help our clients with their business issues.

To learn more about us, visit pattersonlawfirm.com or call 312.223.1699 to speak with an attorney.

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