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Justin E. Gray

IP Litigation Attorney at Foley & Lardner LLP

Former Adjunct Professor at Northwestern University School of Law

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Revised Briefing Schedule in En Banc Federal Circuit Appeal Regarding De Novo Claim Construction Review

Lighting Ballast Control LLC v. Philips Electronics North America Corporation (Fed. Cir. Mar. 15, 2013)

This blog had previously reported that in this case where the Federal Circuit has agreed to reconsider the de novo review of claim construction en banc, the Defendant-Appellant's en banc brief was due on April 29, 2013 (45 days from the Court's March 15, 2013 Order granting en banc review).  Recently, the Court modified this due date to May 20, 2013.

Thus, under the current schedule, the Defendant-Appellant's brief is due May 20, 2013.  The Plaintiff-Cross Appellant's response brief will likely be due June 19, 2013 (or 30 days after service of Defendant-Appellant's en banc brief if filed earlier than May 20, 2013).  Then the Defendant-Appellant's reply brief will likely be due July 5, 2013 (or 15 days after service of the response brief if filed earlier than June 19, 2013).

Prior coverage of this case can be found here.