Posted On: March 14, 2013 by Pilar G. Kraman

Judge Robinson issues stay pending Fed. Cir. decision on whether it has jurisdiction over appeals when damages trial remains outstanding

Judge Sue L. Robinson recently stayed, in the interest of judicial economy, its decision on the motion to amend judgment filed by defendant, pending the Federal Circuit's decision in Robert Bosch LLC v. Pylon Manufacturing (see discussion here). Asahi Glass Co., Ltd., v. Guardian Indus. Corp., C.A. No. 09-515-SLR (D. Del. Mar. 11, 2013). "The Federal Circuit is currently considering, en banc, its jurisdiction over appeals from patent infringement liability determinations when a trial on damages has not yet occurred and when willfulness issues remain outstanding." Id. A stay was appropriate because the Federal Circuit's decision would have a "direct impact" on the appealability of this case. Id.

Asahi Glass Co., Ltd., v. Guardian Indus. Corp., C.A. No. 09-515-SLR (D. Del. Mar. 11, 2013)