With Marisa Fortunati, Robert Kramer, Marc Pernick
On July 21, 2004, the Federal Circuit issued an order granting a petition to rehear en banc the appeal in Phillips v. AWH. The court "determined to hear this case en banc in order to resolve issues concerning the construction of patent claims," and invited the parties as well as amicus curiae to submit briefs on seven very specific questions relating to claim construction methodology and review on appeal.