In a sua sponte order, the U.S. Court of Appeals for the Federal Circuit granted a hearing en banc to address the issue of whether the Court has jurisdiction under 28 U.S.C. § 1292(c)(2) over patent infringement liability determinations where bifurcated issues of damages and/or willfulness have not yet been addressed.  Robert Bosch LLC v. Pylon Mfg. Corp., Case Nos. 11-1363; -1364 (Fed. Cir. August 7, 2012). 

The Court requested that the parties file en banc briefs limited to the following questions:

  • Does 28 USC § 1292(c)(2) confer jurisdiction on this Court to entertain appeals from patent infringement liability determinations when a trial on damages has not yet occurred?
  • Does 28 USC § 1292(c)(2) confer jurisdiction on this Court to entertain appeals from patent infringement liability determinations when willfulness issues are outstanding and remain undecided?