coneurring-in-part and dissenting-in-part.
I agree with the majority’s disposition of the dispute as to the preliminary injunc*1352tion bond and the claim for willful infringement. Given that disposition, the questions of infringement and invalidity are moot since, as the parties conceded at oral argument, there are no past damages being sought for infringement, and the patents have expired. I dissent from the majority’s decision to address the issues of infringement and invalidity in the absence of a live case or controversy.