A Federal Circuit panel questioned Monday whether an Idaho district court’s order requiring a patent owner to post an $8 million bond before suing Micron for alleged infringement represented significant enough harm to justify an early appeal.
The three-judge panel of the US Court of Appeals for the Federal Circuit drilled into whether the record shows the bond would irretrievably block Dallas-based Longhorn IP LLC from pursuing its infringement claims—a prerequisite for immediate review. The judges also tested Longhorn’s argument that Idaho’s 2014 law is unusual because it targets statements in a federal complaint, a point Micron and Idaho disputed. ...