>>Legal question: If a defendant is going to request a rehearing of a panel decision, why would the defendant not want to request both a panel rehearing and an en banc rehearing?
North or others may know this better than I do.
I think there are higher standards for en banc review than requesting the panel to reconsider the decision. En Banc would be most suitable for conflicts between circuits (don't think that would happen much in patents) or where the issue is of great import, such that the entire court should speak to the issue. This latter concept is what I felt the dissent was appealing to.
If I am off base - I welcome some Patent or Appellate lawyer instructing me. :-)
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