March 15, 2013
Today, in Lighting Ballast Control, LLC v. Philips Electronics North America Corp., the Court of Appeals for the Federal Circuit granted Lighting Ballast’s petition for rehearing of the appeal en banc. The court will consider whether to overrule its earlier en banc decision in Cybor Corp. v. FAS Technologies, Inc., which provides that the Federal Circuit reviews claim construction issues de novo and without deference to the opinion of the district court. The court also requested briefing on whether and to what extent the Federal Circuit should afford deference to any aspect of a district court’s claim construction.
Fitch Even attorneys are monitoring the progress of the Lighting Ballast Control case and will report when the Federal Circuit has issued its decision. The en banc review process is likely to take several months.
Fitch Even IP Alert