By Jason Rantanen
In a per curium order issued a short time ago, the current sitting judges of the Federal Circuit (Chief Judge Rader and Judges Newman, Lourie, Dyk, Prost, Moore, O'Malley, Reyna, and Wallach) have granted Lighting Ballast Control's petition for rehearing en banc. As Hal Wegner has pointed out, this comes just hours before Judge Taranto's swearing in.
The parties have been instructed to address of deference in reviewing district court claim constructions:
a. Should this court overrule Cybor Corp. v. FAS Technologies, Inc., 138 F.3d 1448 (Fed. Cir. 1998)?
b. Should this court afford deference to any aspect of a district court’s claim construction?
c. If so, which aspects should be afforded deference?
It goes without saying that these questions have tremendous significance for patent law. One peripheral thought – will the court hold all appeals involving issues of claim construction in abeyance until it issues its en banc opinion?
Previous PatentlyO coverage of the petition: