Stare Indecisis: The Federal Circuit’s En Banc Battle against Itself and Business in Lightning Ballast Control, LLC v. Philips Electronics North America Corp.

32 Pages Posted: 25 Apr 2018 Last revised: 12 Jul 2018

Date Written: 2015

Abstract

In 1998, the Federal Circuit ruled in Cybor Corp. v. FAS Technologies, Inc., an en banc decision, that the standard of review for patent claim construction cases would be de novo. From 1998 until this year, neither Congress nor the Supreme Court had intervened to confirm, or change the standard. The standard was challenged in an en banc case at the United States Court of Appeal for the Federal Circuit, Lighting Ballast Control, LLC. v. Philips Electronics North America Corp. A key question is whether the Federal Circuit should reconsider or overrule its en banc decisions with another en banc decision absent intervention from the Supreme Court or Congress under the foundational legal principle of stare decisis. Focusing on this key question, this Comment examines four primary points: (1) the unknown nature of the reach and limitations of the Federal Circuit in reconsidering or overruling its en banc standards with another en banc decision under stare decisis; (2) the Lighting Ballast case as a means of testing the Federal Circuit's perceived reach in overruling previous en banc decisions en banc; (3) uniformity concerns if the Federal Circuit can overrule its own en banc decisions with other en banc decisions absent intervention; and (4) the negative effect a lack of uniformity in the patent law can have on businesses. This Comment suggests that the Federal Circuit believes it can continually established precedents. Stare decisis seeks intervention to define the scope of review in patent claim construction standard, thereby eliminating the present threat of the Federal Circuit acting contrary to the principles of stare decisis.

Keywords: Cybor Corp. v. FAS Technologies, Inc., en banc, Lighting Ballast Control, LLC. v. Philips Electronics North America Corp., Ballast Control, Philips Electronics North America Corp., stare decisis

JEL Classification: business

Suggested Citation

Valdes, Ronny, Stare Indecisis: The Federal Circuit’s En Banc Battle against Itself and Business in Lightning Ballast Control, LLC v. Philips Electronics North America Corp. (2015). American University Business Law Review, Vol. 4, No. 1, 63, Available at SSRN: https://ssrn.com/abstract=3156762

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