Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Willfulness and Liability, Separate But Equal?
The Court of Appeals for the Federal Circuit, sitting'en banc, recently held in Robert Bosch, LLC v. Pylon Mfg. Corp., __ F.3d __ , Case Nos. 2011-1363, 2011-1364, 2013 WL 2664281, at *13 (Fed. Cir. June 14, 2013) that the court has jurisdiction under 28 U.S.C. '1292(c)(2) to hear appeals from patent infringement liability determinations prior to a trial on damages and while willfulness issues remain outstanding. This article summarizes Bosch and highlights the practical implications of the Federal Circuit's decision.
In Bosch, the parties brought claims and counterclaims for patent infringement. Id. at *1. Prior to trial, the defendant moved to bifurcate the issues of liability and damages. The District Court for the District of Delaware granted the motion and stayed discovery on damages and willfulness, which it deemed a damages issue. Id. After a jury trial and entry of judgment on liability, the parties appealed. Id. The plaintiff filed a motion to dismiss the appeals, which was denied, and sought reconsideration of its motion, which was also denied. Id. The Federal Circuit sua sponte granted a rehearing en banc to consider whether the court has jurisdiction under Section 1292(c)(2) over appeals from liability determinations prior to a trial on damages and willfulness determinations. Id.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.