Cybor Corporation, Plaintiff-appellant, v. Fas Technologies, Inc., and Fastar Ltd., Defendants/cross-appellants, 122 F.3d 46 (Fed. Cir. 1997)

Appealed from: U.S. District Court for the Northern District of California; Judge Whyte.

Tod L. Gamlen, Baker & McKenzie, Palo Alto, CA, for Plaintiff-Appellant. With him on brief was David I. Roche, of Chicago, IL.

Douglas A. Cawley, Hughes & Luce, L.L.P., Dallas, TX, for Defendants/Cross-Appellants. Of counsel was Aubrey Nick Pittman.

ORDER

The appeals, having been heard by a panel of the court and, thereafter, a majority of the circuit judges who are in regular active service having acted sua sponte in accordance with 28 U.S.C. § 46(c) and Fed. R. App. P. 35(a),

IT IS ORDERED that the appeals shall be decided in banc. Additional briefing and argument will not be required.