April 2013 On March 15, 2013, the Federal Circuit issued a per curiam order granting Lighting Ballast Control LLC’s (“Lighting”) petition for rehearing en banc. Lighting filed the petition requesting that the Court consider overturning Cybor Corp. v. FAS Technologies, Inc., 138 F.3d 1448 (Fed. Cir. 1998). In the Cybor case, the Federal Circuit held that claim construction is a purely legal issue and subject to de novo review on appeal, thus giving no deference to a district court’s claim construction.
The Court has instructed the parties to file new briefs addressing the specific questions of whether the Court should overrule Cybor, “[s]hould this court afford deference to any aspect of a district court’s claim construction,” and “[i]f so, which aspects should be afforded deference?” Order at 2.
Looking Ahead
