Judges Dodge Patent Troll Law Preemption Issue, Axing Appeal (1)

The Federal Circuit avoided weighing in on the constitutionality of Idaho’s “patent troll” law, dismissing a patent owner’s appeal of an order to post an $8 million bond before advancing a patent suit against Micron Technology Inc.

The appeals court lacks jurisdiction because the district court cases are ongoing, though paused, and the imposition of a bond isn’t the equivalent of an injunction that would trigger an immediate right to appellate review, Judge Alan D. Lourie said in a precedential opinion issued Thursday.

The US District Court for the District of Idaho had “only denied motions to dismiss and imposed ...