Digest of Metso Minerals Inc. v. Terex Corporation, No. 2014-1352 (Fed. Cir. Dec. 3, 2014) (nonprecedential). On appeal from E.D.N.Y. Before Lourie, Dyk, and Reyna.

Procedural Posture: Metso Minerals, Inc. prevailed in the initial infringement suit, and defendants were ordered to post a $50 million bond for appeal. CAFC reversed Metso’s win finding the patent obvious, and the District Court ordered Metso to pay the cost of the bond, in the amount of $500,000. Metso appealed district court’s award of bond premium costs to defendants; CAFC affirmed.

  • Bond: The district court correctly interpreted CAFC’s mandate in the prior appeal that said “no costs” as applicable to the issues addressed during that appeal. Since bond order came in later and was not appealed, the cost of a supersedeas bond was not covered by the CAFC mandate and Metso remained liable for its pro rata share of the bond premium. Since Metso ultimately recovered nothing, its pro rata share of the premium was 100%.