Opinion
No. 03 Civ. 3064 (LAK).
October 28, 2004
ORDER
Defendants have moved for summary judgment dismissing the complaint. The motion turns on the construction of plaintiff's patent claims.
In Phillips v. AWH Corp., 363 F.3d 1207 (Fed. Cir. 2004), the majority and dissenting opinions reflect divergent views as to the appropriate methods and sources of claim construction. The Federal Circuit recently vacated the panel opinion, ordered rehearing en banc, and requested additional briefing on the methodologies and sources for, and the role properly played by prosecution history and expert testimony in, claim construction. Id. 376 F.3d 1382 (Fed. Cir. 2004).
Given the uncertainty with respect to claim construction methodology and the prospect of an authoritative resolution in the relatively near future, little purpose would be served by resolving defendants' motion on the merits at this time. Accordingly, the motion is denied without prejudice to renewal after Phillips is decided en banc by the Federal Circuit, and this case is transferred to the suspense docket pending further order of the Court. The parties shall advise this Court promptly upon the issuance by the Federal Circuit of the en banc decision in Phillips.
SO ORDERED.