United States Federal Circuit

In a patent infringement action involving a patent directed to a touch screen protector for electronic devices, an appeal from the district court's preliminary injunction granted in favor of plaintiff barring particular products from the market, is dismissed for lack of jurisdiction, where: 1) the district court originally granted the injunction in January 2012; 2) in its May 2012 order finding defendants had violated the order with an alleged redesign, the district court merely clarified the scope of the original injunction, and there was no modification that substantially changed the legal relationship between the parties; and 3) because the district court did not substantively modify the January 2012 injunction, defendants' appeal of the original order would be untimely, and thus, derives from a contempt order, which is not an appealable interlocutory order.

Appellate Information

• Decided 08/29/2013
• Published 08/29/2013

Judges

• O'MALLEY

Court

• United States Federal Circuit

Counsel