Interesting.. from today sec filing: "On November 2, 2012, Par petitioned the Federal Circuit for rehearing of the decision by the original panel and en banc. Although the Company does not believe that Par has a meritorious basis upon which to further dispute infringement or validity, the Company cannot be certain concerning the timing or outcome of Par’s request for rehearing. If the petition for rehearing is granted, the Federal Circuit may ultimately modify its decision in a manner that impacts the patent coverage for the Company’s Zegerid products. If the petition for rehearing is denied, the case will be remanded to the District Court for further proceedings pertaining to damages, and the Company cannot be certain of the timing or outcome of any damages proceedings".
In these lines and in the words of Proel yesterday no mention of the Supreme Court.. strange.
We can remember rule 41: ACTION BY THE COURT. When a petition for panel rehearing is filed, the clerk will transmit copies to the panel that decided the case. The clerk will enter an order denying the petition unless a majority of the panel agrees to rehear the case. Rehearing before the panel may take place with or without further briefing or oral argument by the parties as the court directs.