Thursday, October 23, 2014 11:45:41 AM
Maybe this Federal Circuit en banc decision from last year
is causing more damages bifurcation?
<<Patent Alert: Federal Circuit Permits Appeal of Liability Prior to Damages or Willfulness Determination (Robert Bosch v. Pylon)
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 “of an appeal from a judgment in a civil action for patent infringement which … is final except for an accounting.” The issues presented were whether, in a case where infringement liability is bifurcated from damages and willfulness, the Federal Circuit has jurisdiction to hear an appeal from the liability phase while damages and willfulness have yet to be tried — essentially, “what is an accounting?”>>
http://www.essentialpatentblog.com/2013/06/dow-lohnes-patent-alert-federal-circuit-permits-appeal-of-liability-prior-to-damages-or-willfulness-determination-robert-bosch-v-pylon/
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