Robert Bosch, Llc v. Pylon Manufacturing Corp.
719 F.3d 1305
| Fed. Cir. | 2013Background
- Bosch sued Pylon for patent infringement; Pylon asserted counterclaims.
- District court bifurcated liability and damages; damages and willfulness stayed.
- Jury trial on liability occurred; district court entered judgment on liability.
- Parties challenged jurisdiction; this court initially denied, then granted en banc review.
- Majority holds § 1292(c)(2) allows appeals when damages trial has not occurred and when willfulness remains undecided; dissenting opinions contest these readings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 1292(c)(2) permit an appeal before damages are tried? | Bosch contends accounting includes damages and thus permits appeal. | Pylon contends XX (use defendant’s name) opposes broad reading; maintains finality rule intact. | Yes; § 1292(c)(2) covers appeals before damages trial. |
| Does § 1292(c)(2) permit an appeal when willfulness remains undecided? | Bosch argues willfulness is within the accounting scope and may be appealed. | Pylon argues willfulness is not part of an accounting and should not create jurisdiction. | Yes; § 1292(c)(2) permits appeals with willfulness issues outstanding. |
Key Cases Cited
- Dairy Queen, Inc. v. Wood, 369 U.S. 469 (Supreme Court 1962) (jury right preserved despite accounting labeling; accounting is not exclusive of jury trial)
- McCullough v. Kammerer Corp., 331 U.S. 96 (Supreme Court 1947) (accounting context referenced in damages determination)
- Overman Cushion Tire Co. v. Goodyear Tire & Rubber Co., 66 F.2d 361 (2d Cir. 1933) (willful behavior discussed in relation to damages and accounting)
- Pyle National Co. v. Lewin, 92 F.2d 628 (7th Cir. 1937) (treble damages discussed in context of accounting and damages amount)
- Cornely v. Marckwald, 131 U.S. 159 (Supreme Court 1889) (accounting before a master involved profits and damages concepts)
- Trans-World Mfg. Corp. v. Al Nyman & Sons, Inc., 750 F.2d 1552 (Fed. Cir. 1984) (interlocutory appeal concept in patent cases discussed)
- Dairy Queen, Inc. v. Wood, 369 U.S. 469 (Supreme Court 1962) (reiterated that a jury trial may be required even where an accounting exists)
- Boesch v. Graff, 133 U.S. 697 (U.S. 1890) (willfulness findings in early accounting contexts)
- Pollock v. Martin Gauge Co., 261 F.201 (7th Cir. 1919) (accounting context and willfulness considerations in early cases)
- Reed Roller Bit Co. v. Hughes Tool Co., 12 F.2d 207 (5th Cir. 1926) (willfulness discussed within accounting framework)