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Cybor Corporation v. Fas Technologies, Inc., and Fastar Ltd., Defendants/cross-Appellants

Citations: 122 F.3d 46; 1997 U.S. App. LEXIS 23546Docket: 96-1286

Court: Court of Appeals for the Federal Circuit; September 5, 1997; Federal Appellate Court

Narrative Opinion Summary

In the case of Cybor Corporation v. FAS Technologies, Inc. and Fastar Ltd., the United States Court of Appeals for the Federal Circuit has ordered that the appeals be decided in banc. The case, originally appealed from the U.S. District Court for the Northern District of California before Judge Whyte, involves Cybor Corporation as the Plaintiff-Appellant and FAS Technologies, Inc. and Fastar Ltd. as Defendants/Cross-Appellants. The court has determined that a majority of the circuit judges in regular active service acted sua sponte to convene an en banc hearing. No additional briefing or argument is required at this stage. Legal representation for the parties includes Tod L. Gamlen and David I. Roche for the Plaintiff-Appellant, and Douglas A. Cawley along with Aubrey Nick Pittman for the Defendants/Cross-Appellants.

Legal Issues Addressed

En Banc Review by Federal Circuit

Application: The Federal Circuit has decided to review the case en banc without the need for additional briefing or argument, indicating the court's interest in addressing significant legal questions.

Reasoning: The United States Court of Appeals for the Federal Circuit has ordered that the appeals be decided in banc.

Sua Sponte En Banc Hearing

Application: The court independently determined to conduct an en banc hearing, reflecting the judges' initiative to reconsider the case without external prompting.

Reasoning: The court has determined that a majority of the circuit judges in regular active service acted sua sponte to convene an en banc hearing.