Sec. 1292. Interlocutory decisions
- (a) Except as provided in subsections (c) and (d) of this
section, the courts of appeals shall have jurisdiction of appeals from:
- (1) Interlocutory orders of the district courts of the United States,
the United States District Court for the District of the
Canal Zone, the District Court of Guam, and the District Court of
the Virgin Islands, or of the judges thereof, granting,
continuing,
modifying, refusing or dissolving injunctions, or
refusing to dissolve
or modify injunctions, except where a direct
review may be had in the
Supreme Court;
- (2) Interlocutory orders appointing receivers, or
refusing
orders to wind up receiverships or to take steps to accomplish
the purposes thereof, such as directing sales or other disposals
of
property;
- (3) Interlocutory decrees of such district courts or the
judges
thereof determining the rights and liabilities of the parties to
admiralty cases in which appeals from final decrees are allowed.
- (b) When a district judge, in making in a civil action an
order not otherwise appealable under this section, shall be of the opinion
that such order involves a controlling question of law as to which there is
substantial ground for difference of opinion and that an immediate appeal from
the order may materially advance the ultimate termination of the litigation,
he shall so state in writing in such order. The Court of Appeals which would
have jurisdiction of an appeal of such action may thereupon, in its
discretion, permit an appeal to be taken from such order, if application is
made to it within ten days after the entry of the order: Provided, however,
That application for an appeal hereunder shall not stay proceedings in the
district court unless the district judge or the Court of Appeals or a judge
thereof shall so order.
- (c) The United States Court of Appeals for the Federal
Circuit shall have exclusive jurisdiction -
- (1) of an appeal from an interlocutory order or decree
described in subsection (a) or (b) of this section in any case
over
which the court would have jurisdiction of an appeal under
section 1295 of
this title; and
(2) of an appeal from a judgment in a civil action for
patent
infringement which would otherwise be appealable to the United
States Court of Appeals for the Federal Circuit and is final
except
for an accounting.
- (d)
- (1) When the chief judge of the Court of International Trade issues an
order under the provisions of section 256(b) of
this title, or when any judge of the Court of International Trade, in
issuing any other interlocutory order, includes in the order a statement
that a controlling question of law is involved with respect to which there
is a substantial ground for difference of opinion and that an immediate
appeal from that order may materially advance the ultimate termination of
the litigation, the United States Court of Appeals for the Federal Circuit
may, in its discretion, permit an appeal to be taken from such order, if
application is made to that Court within ten days after the entry of such
order.
- (2) When the chief judge of the United States Court of
Federal Claims issues an order under section 798(b) of
this title, or when any judge of the United States Court of Federal Claims,
in issuing an interlocutory order, includes in the order a statement that a
controlling question of law is involved with respect to which there is a
substantial ground for difference of opinion and that an immediate appeal
from that order may materially advance the ultimate termination of the
litigation, the United States Court of Appeals for the Federal Circuit may,
in its discretion, permit an appeal to be taken from such order, if
application is made to that Court within ten days after the entry of such
order.
- (3) Neither the application for nor the granting of an
appeal under this subsection shall stay proceedings in the Court of
International Trade or in the Court of Federal Claims, as the case may be,
unless a stay is ordered by a judge of the Court of International Trade or
of the Court of Federal Claims or by the United States Court of Appeals for
the Federal Circuit or a judge of that court.
- (4)
- (A) The United States Court of Appeals for the Federal Circuit shall
have exclusive jurisdiction of an appeal from an interlocutory order of a
district court of the United States, the District Court of Guam, the
District Court of the Virgin Islands, or the District Court for the
Northern Mariana Islands, granting or denying, in whole or in part, a
motion to transfer an action to the United States Court of Federal Claims
under section 1631
of this title.
- (B) When a motion to transfer an action to the Court
of Federal Claims is filed in a district court, no further proceedings
shall be taken in the district court until 60 days after the court has
ruled upon the motion. If an appeal is taken from the district court's
grant or denial of the motion, proceedings shall be further stayed until
the appeal has been decided by the Court of Appeals for the Federal
Circuit. The stay of proceedings in the district court shall not bar the
granting of preliminary or injunctive relief, where appropriate and where
expedition is reasonably necessary. However, during the period in which
proceedings are stayed as provided in this subparagraph, no transfer to
the Court of Federal Claims pursuant to the motion shall be carried out.
- (e) The Supreme Court may prescribe rules, in accordance
with section 2072 of
this title, to provide for an appeal of an interlocutory decision to the
courts of appeals that is not otherwise provided for under subsection (a),
(b), (c), or (d).
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