Today, June 14, 2013, in Robert Bosch LLC v. Pylon Manufacturing Corp., No. 2011-1363, 1364, an en banc Federal Circuit ruled that parties can appeal a decision on liability in patent infringement cases before there has been a trial on damages or willfulness.

Under 28 U.S.C. § 1292(c), the Federal Circuit has exclusive jurisdiction

Yesterday, Thu., June 14, 2012, in Bard v. W.L. Gore, No. 2010-1510, the Federal Circuit (Newman (dissent-in-part), Gajarsa and Linn) clarified that the threshold objective recklessness prong of willfulness ultimately is a question of law for the court to decide based on mixed questions of law and fact that the Federal Circuit will review de novo.  This case provides a good summary of the current willful infringement standard.
Continue Reading Patent Alert: Federal Circuit clarifies threshold objective recklessness willfulness prong question of law reviewed de novo (Bard v. W.L. Gore)

Today, Tue., April 3, 2012, in Advanced Fiber v. J&L, No. 2011-1243, the Federal Circuit (Lourie, Dyk (dissenting) and Prost) applied general claim construction principles to construe the term “perforated” that was not itself a claim term, but was part of the district court’s construction of the claim terms “screening medium.”  The Court also affirmed the summary judgment ruling of no willfulness because the invalidity and noninfringement defenses were “objectively reasonable” notwithstanding reversal on claim construction.
Continue Reading Patent Alert: Federal Circuit construes non-claim term used in claim construction and rules no willful infringement (Advanced Fiber v. J&L)