On Friday the Federal Circuit granted Lighting Ballast Control’s petition for rehearing en banc in Lighting Ballast Control v. Philips Electronics North America Corp.

The order directs the parties to brief following issues:

  1. Should this court overrule Cybor Corp. v. FAS Technologies, Inc., 138 F.3d 1448 (Fed. Cir. 1998)?
  2. Should this court afford deference to any aspect of a district court’s claim construction?
  3. If so, which aspects should be afforded deference?

Cybor Corp. held, essentially, that claim construction is a pure question of law subject to de novo review on appeal.

The court’s order allows amicus briefs to be filed without consent and leave of court. Stay tuned.