NOTE: This order is nonprecedential. 

## United States Court of Appeals for the Federal Circuit
2007-1296, -1347 CARDIAC PACEMAKERS, INC. and GUIDANT SALES CORPORATION, Plaintiffs-Appellants, and MIROWSKI FAMILY VENTURES, LLC and ANNA MIROWSKI, Plaintiffs-Appellants,

v. ST. JUDE MEDICAL, INC. and PACESETTER, INC., Defendants-Cross Appellants. Appeals from the United States District Court for the Souther n District of Indiana in 96- CV-1718, Judge David F. Hamilton. Before MICHEL, Chief Judge , NEWMAN, MAYER, LOURIE, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, PROST, and MOORE, Circuit Judges

. PER CURIAM. O R D E R Combined petitions for panel rehearing and rehearing en banc were filed by both the Plaintiffs-Appellants and the Defendants-Cross Appellants. The court invited a response to the petition of Defendants-Cross Appellants and asked that the response be limited to the issue conc erning construction of 35 U.S. C. § 271(f). PlaintiffsAppellants filed a resp onse. The court granted the Federal Circuit Bar Association, et al., and Cisco Systems, et al., motions for leave to file briefs as amici curiae.The petition for rehearing was referred to the panel that heard the appeal, and thereafter the petition for rehear ing en banc, response, and the amici curiae briefs were referred to the circuit judges who are authoriz ed to request a poll whether to rehear the appeal en banc. A poll was requested, taken, and the cour t has decided that the appeal warrants en banc consideration. Upon consideration thereof, IT IS ORDERED THAT: (1) Both petitions for panel rehearing are denied. (2) The petition of Defe ndants-Cross Appellants fo r rehearing en banc is granted. (3) The court’s December 18, 2008, opinion is vacated and the appeal is reinstated. (4) The petition of Plaintiffs-Appell ants for rehearing en banc is denied. (5) The parties are request ed to file new briefs addr essing only the following question: 1) Does 35 U.S.C. § 271(f) apply to method claims, as well as product claims? This appeal will be heard en banc on the basis of briefs addressing the issue set forth above. An original and thirty copies of all briefs shall be filed, and two copies served on opposing counsel. The Defendants-Cross Appellants shall file a brief within thirty (30) days from the date of filing of this order. The Plaintiffs-Appellants’ response brief is due within twenty (20) days from the date of service of the Defendant-Cross Appellants’ brief. The Defendants-Cross Appellants’ reply br ief, if any, is due seven (7) days from the date of service of the Plainti ffs-Appellants’ brief. Briefs shall adhere to

2007-1296, -1347 - 2 -2007-1296, -1347 - 3 - the type-volume limitations set forth in F ederal Rule of Appella te Procedure 32 and Federal Circuit Rule 32. Briefs of amici curiae will be entertained, and any such am icus briefs may be filed without leave of court but otherwise must comply with Federal Rule of Appellate Procedure 29 and Federal Circuit Rule 29. The parties and amici should not anticipate any extensions of time for the briefing schedule. Oral argument wi ll be held at 2 P.M. on M onday, June 1, 2009, in Courtroom 201.

FOR THE COURT March 6, 2009___ /s/ Jan Horbaly________ Date Jan Horbaly Clerk cc: Arthur I. Neustadt, Esq. J. Michael Jakes, Esq. Denis R. Salmon, Esq. Mark M. Supko, Esq. Edward R. Reines, Esq.