Robert Bosch, Llc v. Pylon Manufacturing Corp.

There is no doubt that § 1292(c)(2) is an exception to the final judgment rule that applies only to patent cases and, thus, expands the normal appellate jurisdiction of this, and only this, court of appeals. On this point, I agree with the majority. The question we address is whether the scope of that exception has the astounding breadth the majority affords it today. I do not believe that it does. Indeed, I believe the majority stretches that statutory provision beyond reasonable bounds, and well beyond anything Congress intended.

Congress created this court pursuant to its authority under…